Test Bank for Canadian Law An Introduction 7th by Boyd
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Chapter 7
Torts of Intention and Negligence: Private Law, Public Interest
TRUE/FALSE
1. A tort is a breach of a legal duty, other than a contract, with a liability for damages. ANS: T
2. In England, tort law and criminal law were separated in the nineteenth century. ANS: F
3. The purpose and scope of tort law is narrower than criminal law. ANS: F
4 When criminal law is compared to tort law, it is evident that tort law is seeking to address many more interests both private and public than criminal law. ANS: F
5. Tort law exists only to compensate for private wrongs. ANS: T
6. There are two main classifications of tort: intentional and negligence. ANS: T
7. If a person is acquitted of a crime, they cannot be held liable in tort. ANS: F
8. Tort liability is premised on the balance of probabilities. ANS: T
9. The imposition of punitive damages in tort law is universally accepted ANS: F
10. Tort law might involve competing claims of private interest and public policy. ANS: T
11. Foreseeability has no application to the standard of care in negligence torts. ANS: F
12. Foreseeability is a legal concept that extends a duty of care to persons who may be reasonably contemplated. ANS: T
13. Punitive damages, as discussed in Whiten v. Pilot Insurance, are awarded based on the defendant’s misconduct, and not the plaintiff’s loss. ANS: T
Test Bank to Accompany Boyd, Canadian Law: An Introduction, Seventh Canadian Edition
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14. In the case of Bettel v. Yim, if Bettel had struck Yim before Yim accidentally knocked Bettel in the nose, as self-defence, Yim would not be liable to Bettel because self-defence is a defence against liability for intentional torts.
ANS: T
15. The standard of liability for intentional tort is the same as it is for negligent actions.
ANS: F
16. Contact sports are an example of persons consenting to the intentional tort of assault.
ANS: T
17 The case of Donoghue v. Stevenson is a landmark tort case that makes manufacturers liable for negligence if they fail to take proper care in the preparation of their product for market.
ANS: T
18. As long as a manufacturer warns potential consumers that their product might be generally harmful they will not be held liable for any damages which might be caused to someone using their product.
ANS: F
19. Contributory negligence is not intended to diminish the defendant’s liability.
ANS: F
20. Vicarious liability is simply another way of describing direct or personal liability.
ANS: F
21. The Supreme Court of Canada in Childs v. Desormeaux established the liability of the social host for persons driving after having consumed too much alcohol at the host’s party.
ANS: F
MULTIPLE CHOICE
1. Which statement best defines a crime?
a. A crime is a wrong against public interest.
b. A crime is a wrong against private interest.
c. A crime is a wrong against another person.
d. A crime is a type of breach of contract.
ANS: A
2. Which statement best defines a tort?
a. A tort is a wrong against another person.
b. A tort is a wrong against private interest.
c. A tort is a wrong against the public interest.
d. A tort is a type of breach of contract.
ANS: B
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3. In the O.J. Simpson case what were the two actions?
a. a criminal trial and a wrongful death finding of liability
b. an action for negligence and an action for assault
c. a criminal conviction and a civil court dismissal
d. a case for criminal negligence and a suit for slander
ANS: A
4. Under which tort would the action of throwing stones at your neighbour’s cat be best categorized?
a. an unintentional tort
b. an intentional tort
c. negligence
d. not a tort at all
ANS: B
5. What is the main objective of the tort system?
a. to punish the wrongdoer
b. to put wrongdoers in jail
c. to compensate people for breaches of contracts
d. to compensate people for wrongs committed against them
ANS: D
6. Which statement best describes the characteristic of the test to determine liability in tort?
a. The test is the same as in a crime.
b. The test is beyond a reasonable doubt.
c. The test is on the balance of probabilities.
d. The test is different in intentional and unintentional torts.
ANS: C
7. How can victims of violent crimes be compensated for torts committed against them?
a. by applying to the jury at the accused person’s trial
b. by asking the criminal court judge to award the victim damages
c. by applying to the “Victims of Violent Crime Department” of their provincial government
d. by applying to a tribunal responsible for compensating victims of criminal injury
ANS: D
8. Which statement describes the factors considered by Justice Binnie in Whiten v. Pilot Insurance in assessing punitive damages?
a. Proportionality is irrelevant.
b. A ratio formula is the preferred method.
c. Punitive damages should equal compensatory damages.
d. The courts can calculate damages without an arbitrary rule.
ANS: D
9 In the case of Miller v. Jackson, Lord Denning pit the private interest of the property owner against the public interest of a cricket club. Which statement best summarizes Lord Denning’s
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decision?
a. He decided the public interest should prevail.
b. He decided the private interest should prevail.
c. He decided the property owner will have to move.
d. He decided the cricket club will have to move.
ANS: A
10. Which of the following torts is unintentional?
a. assault
b. false imprisonment
c. negligence
d. malicious prosecution
ANS: C
11. Which statement best summarizes Judge Borins’ decision in Bettel v. Yim?
a. Yim was not responsible for Bettel’s nosebleed because Bettel provoked him.
b. Yim was responsible for Bettel’s nosebleed because he meant to hit him in the head.
c. Yim was responsible for Bettel’s nosebleed even though he did not mean to hit him in the head.
d. Yim was not responsible for Bettel’s nosebleed because he did not mean to hit him in the head.
ANS: C
12. The defences to intentional tort include which of the following?
a. consent, self-defence, foreseeability, and liability
b. consent, self-defence, defence of property, necessity and legal authority
c. excessive force, destruction of property, legal interpretation, and Latin maxims
d. consent, liability, false arrest, abuse of authority, and criminal charges
ANS: B
13. One defence to intentional torts is that the victim consented to the harmful conduct that resulted in the subsequent injury. Which statement best describes how to determine if the victim consented to the harmful conduct?
a. Each case must be looked at according to the specific context and nature of the incident.
b. There is a rule that says a victim can never consent to harm.
c. There is a rule that says “to consent to play is to consent to harm.”
d. There is a rule that consent is implied whenever a person chooses to participate in a potentially harmful activity.
ANS: A
14. Sections 219 and 220 of the Criminal Code of Canada create which of the following offences?
a. impaired driving causing death and negligence misrepresentation
b. criminal negligence and criminal negligence causing death
c. punitive damages and measured damages
d. both a. and c.
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ANS: B
15. In which case did the court say: “It must always be a matter of circumstances whether carelessness amounts to negligence”?
a. Miller v. Jackson
b. Bettel v. Yim
c. Donoghue v. Stevenson
d. Tallow v. Tailfeathers
ANS: C
16. What action can a manufacturer take to avoid product liability cases?
a. provide warranties to the consumers
b. provide an instruction manual for the product
c. provide warnings and instructions that leave nothing to chance
d. provide instructions that repairs must be made only by authorized dealers
ANS: C
17. Which of the following is a defence to liability for negligence?
a. mitigation
b. foreseeable risk
c. mental disorder
d. voluntary assumption of risk
ANS: D
18. Which statement best summarizes the trial judge’s decision in the case of King v. Redlich?
a. Hockey is a high-risk sport.
b. Members of the “Old Timers” should always wear helmets when playing hockey.
c. Both the respondent and the appellant were to blame for behaving recklessly.
d. The respondent was not negligent because the appellant accepted and assumed the risk of injury.
ANS: D
19 Which statement best describes “vicarious liability”?
a. It imputes liability to the employer of the tortfeasor.
b. It protects the tortfeasor from being sued by his/her employer.
c. It protects the employer from being sued for the tortuous behaviour of an employee.
d. It prevents the victim from suing the tortfeasor’s employer for damages in the future.
ANS: A
20 The findings in the cases of Bezley, Jacobi and the finding of the Supreme Court in John Doe
v. Bennett assert which fact regarding non-profit corporations and vicarious liability?
a. That this type of corporation should not be found vicariously liable
b. That vicarious liability did not extend outside of work hours.
c. That employee activities were not authorized by the employer.
d. That non-profits can be found vicariously liable for the action of their employees and there is no charitable immunity.
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21. The defences to negligence torts include which of the following?
a. contributory negligence, accident, voluntary participation, and voluntary assumption of risk
b. criminal negligence, lack of consent, involuntary assumption of risk, and compensation
c. the rule in the Borins case
d. self-defence, actual defence, prolonged exposure, and formal station
ANS: A
ESSAY
1. Using appropriate case examples, discuss the key similarities and distinctions between a tort and a crime.
ANS: Answers will vary.
2. Intentional torts, which are torts committed by people who intend to do the action that causes harm to another, are different from torts of negligence. Explain why, in the case of Bettel v. Yim, the contentions of the defence are wrong. What is the significance, if any, of the defendant’s intent?
ANS: Answers will vary.
3. What defences apply to intentional torts? How do these defences operate? Are there different defences to the tort of negligence? If so, what are they and how do they apply?
ANS: Answers will vary.
4. In Mustapha v. Culligan of Canada the court did not find the defendant negligent in the manufacturing of its product. What were the relevant facts in this case that led the court to make this finding? What principles of law were applied in this case to make the manufacturer liable? Discuss whether you agree or disagree with the court’s decision.
ANS: Answers will vary.
5 Compare the cases of Bazley, Jacobi and Bennett by setting out where each case can be distinguished from the other and how each case compliments the other in the final reasoning in Bennett.
ANS: Answers will vary.
6. Compare Whiten v. Pilot Insurance and Miller v. Jackson focusing on the issues raised by private wrongs and public interest. Explain if and how you would have resolved these cases differently if you were on the bench.
ANS: Answers will vary
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