Midterm Review

Question 1

Define Tort

Answer 1

A wrongful act or an infringement of a right

Question 2

What is Tort derived from and what does it mean?

Answer 2

Derived from the French word “wrong”

Pigeon Hole - “cause of action”

Question 3

List the parts of the Torts Law

Answer 3

Unintentional torts

Negligence

Improper

Pigeon hole

Question 4

What are the intentional torts?

Answer 4

1. Assault and battery
2. Trespass
3. False Imprisonment
4. Defamation
5. Nuisance
6. Economic Torts
7. Negligence

Question 5

Define assault and battery

Answer 5

Assault: Threat of violence to the person

i.e. pointing an unloaded gun at someone

Battery: The physical contact or harm without the person’s consent

Question 6

Proof and damages of assault and battery

Answer 6

Proof: Easy to prove

More likely than not, the person engaged in an unwelcome action

Damages: Lost income from missing work as a result of the incident

Question 7

What are the 2 ways trespass can occur?

Answer 7

1. A person enters on to someone’s land without consent or lawful right
2. A person puts something on someone else’s property without consent

Question 8

Proof and damages of trespass?

Answer 8

Proof: Easy to prove

Damages: Difficult to prove damages

Question 9

Businesses outlook on trespass

Answer 9

Businesses have an open door invitation to customers, but they have the right to ask you to leave and can eventually file for a trespass notice

Question 10

Define the tort of trespass?

Answer 10

Unlawfully restraining a person

Physically restraining or leaving someone with the impression that they can’t leave

Question 11

Define defamation

Answer 11

The action of damaging the good reputation of someone

Occurs when you say or write something about someone that causes damage to their reputation

Question 12

What are the 2 forms of defamation

Answer 12

1. Libel (written)

2. Slander (oral)

Question 13

What are the rules of defamation

Answer 13

1. The thing that was said had to have been spoken by a third party
2. Have to be able to prove that the person said something about them

Question 14

What are the defences to defamation

Answer 14

1. Absolute Privilege (privilege)
   House of commons - have complete immunity from defamation
2. Quality Privilege
   If someone says something about a movie in a review, it’s not necessarily defamation
3. Truth
   The thing that was said about the person could be proven to be true

Question 15

Proofs of defamation

Answer 15

Things to prove:
Harm/damage
Easy to prove harm/damage if the person has a good reputation
Difficult to prove harm/damage if the person is already held in a low regard

Question 16

Define the tort of nuisance and provide an example

Answer 16

A person, thing or circumstance that causes an inconvenience to you and your property
Example:
excessive noise, terrible odours, obstruction of view, car blocking your driveway

Question 17

Define economic torts

Answer 17

When the terms of an agreement between parties are broken by one party
Created to establish responsibilities and expectations of parties that choose to engage in business transactions with one another

Question 18

Explain the types of economic torts

Answer 18

1. Intentional interference with contractual relationship
   A party does something that has a negative affect on the relationship between 2 other parties
2. In breach of contract
   A party incentivizes another to stop doing business with another party
3. Conversion
4. Passing off
   When someone fully capitalizes on the goodwill of another company

Question 19

Define negligence (torts)

Answer 19

Failure to use reasonable care, resulting in damage or injury to another

Question 20

First form of negligence

Answer 20

1. Unintentional action

Performed to someone by another person accidentally

Question 21

Second form of negligence

Answer 21

2. Anyone who causes an injury to another person will have to compensate the damages to that person
   Test: Could a reasonable person have foreseen that this conduct could have caused harm on the person

Question 22

Third form of negligence

Answer 22

3. The defendant breached the standard of care

Test: What would a reasonably careful person have done in those circumstances

Question 23

Fourth form of negligence

Answer 23

4. The defendant has to have caused the plaintiffs injury
   Test: Causation
   Defendant’s carelessness is not the only thing that contributed to the plaintiffs injury

Question 24

Causation Disputes

Answer 24

1. Think skull rule
2. respective foreseeability
3. Voluntary assumption of risk
4. Contributory Negligence
5. Remoteness

Question 25

Explain the thin skull rule

Answer 25

The victim may be predisposed to a condition that makes them more susceptible to injuries Defendant is still responsible for damages

Question 26

Explain the respective foreseeability dispute

Answer 26

Some accident could not have been foreseeable | Consequences could not have been predicted

Question 27

Explain the voluntary assumption of risk dispute

Answer 27

The victim engages in a dangerous activity because of the type of activity it is i.e. skydiving Victim might have to sign a waiver before doing the activity Difficult for the victim to claim negligence

Question 28

Explain the contributory negligence dispute

Answer 28

Both the defendant and victim are responsible for damages i.e. a driver hit another car but the other driver wasn't wearing a seatbelt so the injuries were much more severe Court might say one party is responsible for 75% and other party is responsible for 25% of damages

Question 29

Explain the remoteness dispute

Answer 29

The loss must flow naturally from the breach | If there are too many negligent events that occurred, it's too hard to determine who is responsible

Question 30

Define Occupier's Liability

Answer 30

You know people are coming to your property so you know you owe them a duty of care

Question 31

Define Professional Liability

Answer 31

The law of negligence in the context of professionals

Question 32

Components of professional liability

Answer 32

``` 1. Contract Have to provide the service If it's breach you could get sued 2. Duty of negligent law 3. Fiduciary duty A special relationship with someone ```

Question 33

Define the Law of Negligence

Answer 33

Duty of care a professional owes to their clients

Question 34

Errors and Omissions

Answer 34

A professional can get error and omissions insurance to protect themselves i.e. a doctor forgets to tell the patient about a side effect of the surgery (omission)

Question 35

Regulatory Body

Answer 35

Code of conduct for professionals | A framework that a professional has to follow

Question 36

Types of Damages

Answer 36

1. Special Damages 2. General Damages 3. Punitive Damages 4. Injunction (rare) 5. Vicarious Liability

Question 37

Special Damages

Answer 37

Meant to compensate for their out of pocket loss | i.e. medical expenses caused by someone else

Question 38

General Damages

Answer 38

Difficult to quantify | Judge how much the plaintiff should be compensated

Question 39

Punitive Damages

Answer 39

The court feels that the defendant has to pay more than they have with general/special damages

Question 40

Inunction

Answer 40

The court orders someone to do or to refrain from doing something

Question 41

Vicarious Liability

Answer 41

When the employer is responsible for the person | i.e. a driver is riving a FedEx truck, the employer is responsible for his actions

Question 42

Contracts

Answer 42

A legally enforceable promise | Provide for commercial certainty and property rights

Question 43

Types of promises

Answer 43

1. Legally enforceable | 2. Not legally enforceable

Question 44

Tree elements of a contract

Answer 44

1. Offer 2. Acceptance 3. Consideratoion

Question 45

Rules when making an offer

Answer 45

1. Has to be knowledge of the offer 2. The idea of lapsing an offer 3. Revoking an offer 4. A counter offer means you are revoking/rejecting the offer

Question 46

Four Way an Offer Can Come to an End

Answer 46

1. Offer is accepted 2. Offer is rejected 3. Offer lapses 4. There is a counter offer

Question 47

Explain Acceptance

Answer 47

Has to be an acceptance between two parties | Has to be communicated

Question 48

Rules of Acceptance

Answer 48

Post Box Rule | Silence Does not Amount to Acceptance Rule

Question 49

Types of Contracts

Answer 49

Unilateral Contract Standard Form Contract Insurance Contract Uncertainty of Terms

Question 50

Explain Unilateral Contract

Answer 50

Acceptance is the same as doing the offer Completed by a way of action i.e. lost dog poster example

Question 51

Explain Standard Form Contract

Answer 51

Terms by the owners that are brought to the attention of the person purchasing the tickets i.e. no alcohol allowed in the vicinity example Must be bolded or enlarged

Question 52

Explain Insurance Contract

Answer 52

Government legislates the terms of the contract | Gives ur assurance

Question 53

Explain Uncertainty of Terms Contract

Answer 53

``` Contracts have to be voluntary Should be able to identify the key terms of the contract Subject Price Limitations ```

Question 54

Define Consideration

Answer 54

Has both parties promising to do something Has to be something of value for both parties A thing that can be measured i.e. money

Question 55

Types of Promises

Answer 55

``` Gratuitous Promise Past Consideration Pre existing Duty Contracts Under "Seal" Promissory Estoppel Injurious Reliance Gratuitous Reduction of Debt Quantum Meriut ```

Question 56

Explain Gratuitous Promise

Answer 56

A promise made without consideration | Doing something you think is worth it and don't need something in return

Question 57

Explain Past Consideration

Answer 57

Deals with the issue of time | i.e. employer bonus example

Question 58

Explain Pre existing Duty

Answer 58

Some people have an obligation to do something | i.e. firefighter has the obligation of putting out fires

Question 59

Explain Contracts Under "Seal"

Answer 59

Put a seal on the contract to assure that there is a legal document

Question 60

Explain Promissory Estoppel

Answer 60

A legal promise that is enforceable by law even if it was made without consideration i.e. Landlord and tenant example

Question 61

Explain Injurious Reliance

Answer 61

Try to sue someone when you've had a loss due to something they promised you

Question 62

Explain Gratuitous Reduction of Debt

Answer 62

Someone owed money and the creditor said just pay me the principal and forget about the interest

Question 63

Rules of Foakes & Beer and how to avoid them

Answer 63

1. If we make/start making that payment before the debt was due Considered good consideration for the new promise 2. An arrangement applied only to payments of money Can't offer cigarettes to reduce money of payment 3. An arrangement that only exists between the creditor and debtor Can't have a third party involved 4. The creditor may agree to this under writing If it's under seal, we know that it's a form of good consideration 5. Some legislation enacted in Ontario that helps ou

Question 64

Explain Quantum Meriut

Answer 64

Equitable principal developed by courts where one party comes along and requires the services of another party and the other party performs those services If you receive a service from someone, you have to pay something Court decides on a fair price by getting quotes from experts

Question 65

General Rule

Answer 65

The court tries to assume that there was an intention to create a legal relationship with offer and acceptance and consideration Judge might say that there was never an intention there to make a legal relationship