Torts

Question 1

negligence

Answer 1

• breach of duty or care not to injure
• Chain of causation
• Proximate cause “foreseeable to a reasonable person”

Question 2

what do torts do?

Answer 2

• compensate, punish, and change behaviour

- the downside is they make products more expensive

Question 3

Thin Skull Rule

Answer 3

• the unexpected frailty of the injured person is not a valid defence

Question 4

doctrine of last clear chance

Answer 4

• a negligent plaintiff can nonetheless recover if he is able to show that the defendant had the last opportunity to avoid the accident.

Question 5

contributory negligence

Answer 5

• split liability

Question 6

vicarious liability

Answer 6

• employer liable for torts of of employees

- partners liable for the torts of the other partners

Question 7

res ipsa loquitur

Answer 7

• “it speaks for itself”
• reverse onus
• occurrence of accident implies negligence

Question 8

voluntary assumption of risk

Answer 8

• bars or reduces a plaintiff’s right to recovery against a negligent defendant if the defendant can demonstrate that the plaintiff voluntarily and knowingly assumed the risks at issue inherent to the dangerous activity in which he was participating at the time

Question 9

manufacturer’s negligence

Answer 9

• product liability
• occurs when a supplier, or other party in the supply chain, places a product the stream of commerce with inaccurate or inadequate labeling, or manufacturing or design defects or flaws

Question 10

professional negligence

Answer 10

• malpractice

- breach of the duty of care between professionals and their clients

Question 11

occupier’s liability

Answer 11

Invitees
- all reasonable precaution (customers, family, friends, mailman) ice cube scenario

Licensees
- all reasonable precaution (kid walking across lawn)

Trespassers
- not to expose to obvious risk (trespasser, signage) Texas crossbow case

Question 12

assault

Answer 12

• reasonably believed threat

Question 13

battery

Answer 13

• unauthorized touching or use of force

Question 14

self-defence

Answer 14

• entitled to defend yourself, without excessive force

Question 15

provocation

Answer 15

• not a defence, but can reduce damages

Question 16

false imprisonment

Answer 16

• restraint (physical, threat, or embarrassment)

- lack of probable cause

Question 17

defamation

Answer 17

• untrue statement of fact that causes economic damages and damages reputation

Question 18

slander

Answer 18

• verbal defamation

Question 19

libel

Answer 19

permanent defamation

Question 20

tort of deceit

Answer 20

• lying to gain an economic advantage

Question 21

conversion

Answer 21

• convert someone else’s goods (that were attained lawfully) to your own use

Question 22

nuisance

Answer 22

• ongoing activity that diminishes enjoyment or value of property (land)… context matters

Question 23

trespass

Answer 23

• when an individual or the object of an individual intentionally enters the land of another without a lawful excuse

Question 24

slander of goods

Answer 24

• untrue statement of fact regarding goods that causes economic damages and damages reputation

Question 25

slander of title

Answer 25

• false claim of ownership

Question 26

monetary damages

Answer 26

General Damages
- losses (loss of income, pain and suffering)

Special Damages (out of pocket) 
- expenses, ambulance bill, physio

Punitive Damages / Exemplary Damages

Nominal Damages
- symbolic, injunction (old lady case)