Question 1

Provide a brief explanation of the circumstances that would involve joint liability under the law of torts.Include a brief discussion of how legislation assists an innocent victim to recover amounts awarded where there is joint liability for the tort.

Accepted Answer

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Question 2

Describe conduct on the part of the plaintiff that might constitute "contributory negligence" in the case of a car accident.How will a finding of contributory negligence impact the plaintiff's case?

Accepted Answer

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Question 3

Contributory negligence legislation apportions responsibility among those whose conduct has led to injury.

Accepted Answer

Contributory negligence legislation allows for the distribution of fault among parties involved in an incident, potentially reducing the compensation a plaintiff can receive based on their own degree of fault.

Question 4

Carmen was seriously injured when she was struck by a car while crossing the street at a marked crosswalk.In addition to a broken leg and hip,Carmen was unable to work for six months and it is expected she will never be able to work as a yoga instructor again.Carmen incurred an ambulance bill and physiotherapy expenses as well as costs for purchasing medication.How would the various losses suffered by Carmen be categorized by the courts?

Accepted Answer

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Question 5

Draco is a bouncer employed by Diggers Nightclub.Contrary to the employer's instructions that rowdy patrons were to be removed with as little force as possible,Draco lost his composure and seriously injured a very intoxicated patron while removing him from the premises.Diggers is now being sued by the patron.Explain why Diggers might be found vicariously liable for Draco's conduct.

Accepted Answer

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Question 6

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.

Accepted Answer

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Question 7

Provide a brief description of the nature of the expenses a court will consider when awarding special damages for an injury-causing event.Provide examples of the types of expenses that fall under this damage category,and indicate what a court will require from an innocent party in order to determine the amount of the award.Identify the legal principle that is applicable in some provincial jurisdictions and the types of costs that must be repaid to these provincial health insurers.

Accepted Answer

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Question 8

What is the common law rule regarding the availability of compensation when the plaintiff's contributory negligence contributed to his/her injury? How has this been changed by legislation?

Accepted Answer

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Question 9

How has tort law been modified by workers' compensation legislation?

Accepted Answer

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Quiz 10: Introduction to Tort Law