Chapter 10

Question 1

What is the broad scope of tort law?

Answer 1

Tort law addresses harms caused by one person to another, providing remedies for injuries not arising from contract breaches

A primary objective is to compensate injured persons.

Question 2

Define tort.

Answer 2

A harm caused by one person to another, other than through a breach of contract, for which the law provides a remedy

Compensation is usually in the form of damages.

Question 3

What are the differences between a civil action and a criminal action?

Answer 3

• Civil action: private right to compensation
• Criminal action: public prosecution for wrongdoing

Civil actions are brought by the injured party, while criminal actions are prosecuted by the government.

Question 4

What is the purpose of tort remedies?

Answer 4

To provide compensation to persons injured due to the actions of others

This includes determining when responsibility for a loss should be shifted.

Question 5

What is negligence?

Answer 5

Unreasonable conduct, including a careless act or omission, that causes harm to another

Common in business contexts, such as unsafe driving or professional negligence.

Question 6

What is professional negligence?

Answer 6

Incompetent advice from professionals that causes loss to a client

It constitutes both a breach of contract and the tort of negligence.

Question 7

What does product liability refer to?

Answer 7

Legal responsibility of manufacturers for defective products causing harm

It is based on negligence principles.

Question 8

True or false: Tort law automatically provides a remedy for all injuries.

Answer 8

FALSE

Tort law distinguishes between situations where losses should remain uncompensated and where responsibility should be shifted.

Question 9

What are the two main groups of torts?

Answer 9

• Torts committed intentionally
• Torts committed through negligence

Each group has distinct characteristics and legal implications.

Question 10

What is an example of an intentional tort?

Answer 10

False imprisonment

This occurs when someone is unlawfully detained or restrained.

Question 11

What is vicarious liability?

Answer 11

Liability an employer has for the tortious acts of an employee committed in the scope of employment

Employers can be held liable for acts authorized by them or closely connected to authorized acts.

Question 12

In the case of Jones v Shafer, what was the Supreme Court’s decision regarding negligence?

Answer 12

No negligence found; Jones acted reasonably given the circumstances

He placed flares around his truck, which were stolen before the accident.

Question 13

What is the burden of proof in criminal actions?

Answer 13

The Crown must prove every element of the offence beyond a reasonable doubt

This standard is based on reason and common sense.

Question 14

What is the standard of proof in tort law?

Answer 14

Balance of probabilities

The plaintiff must prove it is more likely than not that the defendant committed the tort.

Question 15

What is the legal duty of employers regarding employee safety?

Answer 15

• Protect employees from unreasonable risk
• Ensure employees are safe to drive home
• Maintain a safe workplace

Courts have held that employers have an overriding managerial responsibility.

Question 16

What are the criminal consequences of impaired driving under the Criminal Code?

Answer 16

• Offence for operating a conveyance while impaired
• Liability for bodily harm caused

Convictions can lead to imprisonment and fines.

Question 17

What distinguishes criminal law from tort law?

Answer 17

• Criminal law punishes wrongdoing
• Tort law compensates victims

Criminal actions are prosecuted by the government, while tort actions are brought by the injured party.

Question 18

What is the legal outcome for Tour-Allure Ltd. in the case of Gretchen Grenada?

Answer 18

Likely liable in negligence for allowing alcohol consumption and impaired driving

Dirk’s failures to monitor and prevent harm contributed to this liability.

Question 19

What is the definition of a conveyance under the Criminal Code?

Answer 19

Includes a motor vehicle, vessel, aircraft, or railway equipment

Relevant to impaired driving offences.

Question 20

What is the purpose of tort law?

Answer 20

To compensate victims for harm suffered due to another’s culpability

It enforces the victim’s right to extract compensation.

Question 21

What is an example of deceit or fraud in tort law?

Answer 21

A vendor falsely representing a vehicle has a new engine when it does not

The purchaser relies on this false statement to make a purchase.

Question 22

What is vicarious liability?

Answer 22

Liability imposed on an employer for wrongful acts of an employee if there is a significant connection between the conduct and the employer’s authorization

The Supreme Court of Canada stated that employers can be held responsible even if the wrongful act is contrary to their wishes.

Question 23

In the case of Blackwater v. Plint, what did the Supreme Court of Canada emphasize about wrongful acts?

Answer 23

Wrongful acts may occur as a cost of business

Employers can be vicariously liable for both ordinary negligence and some intentional acts if connected to authorized duties.

Question 24

True or false: Employers are vicariously liable for all crimes committed by employees.

Answer 24

FALSE

Employers are not vicariously liable for crimes, even if there is a significant connection to authorized conduct.

Question 25

Define **joint tort-feasors**.

Answer 25

Two or more persons held jointly responsible for a plaintiff's loss or injuries ## Footnote Example: If two employees cause harm, they are jointly liable, and the employer may also be vicariously liable.

Question 26

What is **contributory negligence**?

Answer 26

A defense claiming the plaintiff is partially responsible for their own harm ## Footnote This can reduce the damages awarded to the plaintiff based on their degree of fault.

Question 27

In a case of contributory negligence, if the plaintiff is found 20% at fault, how is their damages affected?

Answer 27

Damages are reduced by 20% ## Footnote Example: Total damages of $2,000,000 would be reduced to $1,600,000.

Question 28

What is the primary goal of **tort remedies**?

Answer 28

To compensate the victim for loss caused by the defendant ## Footnote Tort remedies aim to restore the victim to their pre-tort position.

Question 29

What are the two main categories of damages in tort?

Answer 29

* Non-pecuniary damages * Pecuniary damages ## Footnote Non-pecuniary damages address emotional and physical suffering, while pecuniary damages compensate measurable financial losses.

Question 30

What are **non-pecuniary damages**?

Answer 30

Compensation for pain and suffering, loss of enjoyment of life, and loss of life expectancy ## Footnote These are also known as general damages.

Question 31

What are **pecuniary damages**?

Answer 31

Compensation for out-of-pocket expenses, loss of future income, and cost of future care ## Footnote These damages are quantifiable and can be proven.

Question 32

What is the purpose of **cost of future care** damages?

Answer 32

To provide necessary support and resources for the injured person's care ## Footnote This includes personal care, modifications to living spaces, and treatment costs.

Question 33

What are **special damages**?

Answer 33

Out-of-pocket expenses resulting from the injury-causing event ## Footnote Examples include ambulance costs, medication costs, and housekeeping.

Question 34

What are **punitive damages** intended for?

Answer 34

To punish the defendant for outrageous or illegal behavior ## Footnote They serve as a deterrent and are not meant to compensate the plaintiff.

Question 35

In the **McDonald’s coffee case**, what was a significant factor influencing the jury's decision?

Answer 35

Evidence that McDonald’s knew about previous burns from its coffee ## Footnote The jury awarded nearly $3 million in punitive damages.

Question 36

What is the **proportionality requirement** for punitive damages in Canada?

Answer 36

Punitive damages must be rationally related to the wrongful incident and no greater than necessary ## Footnote This ensures awards are controlled and not excessive.

Question 37

What are **aggravated damages**?

Answer 37

Compensation for intangible injuries like distress and humiliation caused by the defendant's conduct ## Footnote Unlike punitive damages, they aim to compensate for emotional consequences.

Question 38

Give an example of when **aggravated damages** might be awarded.

Answer 38

In cases of false imprisonment where the plaintiff suffers humiliation ## Footnote Courts may award both aggravated and punitive damages in extreme cases.

Question 39

What is the **tort of false imprisonment**?

Answer 39

Unlawful restraint of a person against their will ## Footnote Example: Store detectives unlawfully restraining a customer.

Question 40

What are **aggravated damages** intended to compensate for?

Answer 40

* Emotional harm * Humiliation * Loss of dignity ## Footnote Awarded for mental distress and emotional suffering caused by humiliating treatment.

Question 41

What is the purpose of **punitive damages**?

Answer 41

To punish and deter wrongful conduct ## Footnote Aimed at extreme or malicious behaviour.

Question 42

During which NHL game did Todd Bertuzzi attack Steve Moore?

Answer 42

March 8, 2004 ## Footnote The incident was highly publicized and described as one of the most violent attacks in NHL history.

Question 43

What tort did Todd Bertuzzi commit against Steve Moore?

Answer 43

Battery ## Footnote Involved intentional physical contact and violated bodily security.

Question 44

What was the outcome of Steve Moore's civil lawsuit against Todd Bertuzzi?

Answer 44

Settled out of court ## Footnote The case did not proceed to trial.

Question 45

What are the claims made by Steve Moore against the Vancouver Canucks?

Answer 45

* Vicarious liability * Encouragement of the attack * Failure to prevent violence ## Footnote The Canucks were alleged to be liable as Bertuzzi's employer.

Question 46

What damages did Steve Moore seek in his lawsuit?

Answer 46

* $35 million for pecuniary and non-pecuniary damages * $1,000,000 in aggravated damages * $2,000,000 in punitive damages ## Footnote Moore claimed severe emotional distress and loss of dignity.

Question 47

What is **vicarious liability**?

Answer 47

Employer's liability for torts committed by employees in their role ## Footnote Example: The Canucks may be liable for Bertuzzi's actions.

Question 48

What is the difference between tort and contract liability?

Answer 48

Tort involves wrongful acts; contract involves breach of agreement ## Footnote Overlap occurs when the same facts give rise to both tort and contract claims.

Question 49

What are the consequences of ignoring **tort risk** for businesses?

Answer 49

* Financial costs * Loss of insurance coverage * Damage to business reputation ## Footnote Failure to manage tort risk can lead to significant long-term consequences.

Question 50

What legal actions does Gretchen face after the accident?

Answer 50

* Civil lawsuit for negligence * Criminal charge for impaired driving ## Footnote The driver suffered loss and injury due to Gretchen’s unreasonable conduct.

Question 51

What could the injured driver argue against Tour-Allure?

Answer 51

Negligence for failing to prevent Gretchen from driving impaired ## Footnote The employer could foresee the danger posed by Gretchen.

Question 52

What risk management strategies could Tour-Allure implement?

Answer 52

* Prohibit alcohol during work hours * Clear policies on alcohol use * Safety protocols for social events ## Footnote Effective risk management could have prevented the tragedy.

Question 53

True or false: Employers can be held vicariously liable for employees’ **criminal offences**.

Answer 53

FALSE ## Footnote Vicarious liability does not apply to criminal law.