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Exam 10: Introduction to Tort Law

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Question 1

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Where the same incident has led to both criminal charges and the commencement of a lawsuit, what will most likely be the result?

A) A criminal conviction ensures a successful civil liability action in tort.
B) Criminal conviction is relevant to establishing a related civil action in tort.
C) A prior civil compensatory award for tort ensures criminal conviction.
D) Civil actions are unable to proceed without a prior criminal conviction.

E) All of the above
F) B) and D)

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Question 2

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Which of the following is a distinguishing feature of a tortious event giving rise to legal consequences?

A) Legal consequences may arise under either criminal or tort law, but not both.
B) Legal consequences can arise under criminal and tort law from the same event.
C) Any intentional infliction of lawful force on another person is compensatory.
D) Anyone committing a tortious act commits an offence under the Criminal Code.

E) None of the above
F) All of the above

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Question 3

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What is the meaning of the legal term "structured settlement"?

The ability to claim in tort is enhanced under provincial no-fault automobile insurance schemes.

What does the law consider to be a qualifying act with respect to the commission of a tort of assault?

Which of the following would immediately justify a court finding an employer vicariously liable?

Rodolfo was permanently injured in a vehicle collision. He retained Pilgren six months prior to the limitation date to commence a law suit on his behalf. Pilgren incorrectly noted the limitation date. As a result, he failed to file the claim within the prescribed time. What is the tort that arises in these circumstances?

The law of torts will automatically provide a remedy when someone has been physically or emotionally injured.

What must a finding of guilt or innocence beyond a reasonable doubt be based on?

The nature of precedent is inherently contemporary, meaning that judges can use their discretion and ignore past cases in order to force the evolution of the law in accordance with policy directives.

An out-of-court settlement for injuries suffered as a result of a tort is final and bars recovery by a lawsuit.

What did the Supreme Court of Canada establish as the measure of whether a party's actions causing harm or injury to another are tortious in nature?

A judge will likely rely on expert opinions from occupation experts, labour economists, and actuaries when determining the value of an injured plaintiff's diminished earning capacity.

What must be established to give rise to a cause for a civil action based on primary liability?

Explain what must be valued by a judge with respect to determining the amount of an award for loss of future income. Identify the parties a judge is likely to rely on to arrive at a decision as to the amount of compensation to be awarded.

Commission of an intentional tort will lead to liability, while commission of a negligent act typically will not.

When an employer is vicariously liable, the employee who actually caused the plaintiff's loss retains primary liability.

The same event cannot give rise to legal consequences in criminal law and in tort law.

How must you have been shown to act if a court considers you to be a negligent tort-feasor?

Assault involves a threat of physical harm followed by actual physical contact.