Answers To Ch 3 Exercises BL150
Chapter 3: Tort Law
Exercises
True or False?
1.
The standard of proof for tort actions is on a balance of probabilities. (T)
2.
Many actions that were originally torts have become offences under provincial statutes. (T)
3.
To prove that a defendant has committed a tort, a plaintiff must establish that the defendant's actions were the sole cause of the harm. (F)
4.
A fiduciary duty is an enhanced duty of care that flows from a relationship of special trust. (T)
5.
The burden of proving a tort defence, such as voluntary assumption of risk, is on the plaintiff. (F)
6.
The law assesses professional negligence according to the "reasonable professional" standard. (T)
7.
An unlimited right to privacy is constitutionally recognized in Canada. (F)
8.
Defamation in writing is called slander. (F)
9.
The tort of assault involves violent touching. (F)
10. The Negligence Act codified the common-law concept of contributory negligence into a statutory provision (T)
11. If a business operates in a context of unusual risk and offers an activity to patrons, it may be required to exceed the “normal” or “typical” safety procedures common for that kind of business. (T)
Multiple Choice
1.
Contributory negligence
a.
means that the plaintiff was partially at fault for the harm he suffered
Canadian Business Law, 2nd Edition, Instructor's Guide
© 2012 Emond Montgomery Publications
1
2.
3.
4.
b.
must be proven by the defendant
c.
can, if proven, limit the defendant's liability in tort
d.
all of the above
Remedies available for torts include
a.
prison sentences and damages
b.
specific performance and injunctions
c.
damages and injunctions
d.
restraining orders and restitution
Pecuniary losses recoverable in a tort action can include
a.
medical expenses
b.
the cost of lost work time
c.
the loss of future earnings because of a disabling injury
d.
all of the above
Negligence is established only when the plaintiff proves that the defendant could
Exercises
True or False?
1.
The standard of proof for tort actions is on a balance of probabilities. (T)
2.
Many actions that were originally torts have become offences under provincial statutes. (T)
3.
To prove that a defendant has committed a tort, a plaintiff must establish that the defendant's actions were the sole cause of the harm. (F)
4.
A fiduciary duty is an enhanced duty of care that flows from a relationship of special trust. (T)
5.
The burden of proving a tort defence, such as voluntary assumption of risk, is on the plaintiff. (F)
6.
The law assesses professional negligence according to the "reasonable professional" standard. (T)
7.
An unlimited right to privacy is constitutionally recognized in Canada. (F)
8.
Defamation in writing is called slander. (F)
9.
The tort of assault involves violent touching. (F)
10. The Negligence Act codified the common-law concept of contributory negligence into a statutory provision (T)
11. If a business operates in a context of unusual risk and offers an activity to patrons, it may be required to exceed the “normal” or “typical” safety procedures common for that kind of business. (T)
Multiple Choice
1.
Contributory negligence
a.
means that the plaintiff was partially at fault for the harm he suffered
Canadian Business Law, 2nd Edition, Instructor's Guide
© 2012 Emond Montgomery Publications
1
2.
3.
4.
b.
must be proven by the defendant
c.
can, if proven, limit the defendant's liability in tort
d.
all of the above
Remedies available for torts include
a.
prison sentences and damages
b.
specific performance and injunctions
c.
damages and injunctions
d.
restraining orders and restitution
Pecuniary losses recoverable in a tort action can include
a.
medical expenses
b.
the cost of lost work time
c.
the loss of future earnings because of a disabling injury
d.
all of the above
Negligence is established only when the plaintiff proves that the defendant could