Question 1

After winning a lottery, Janice consulted Len, a stockbroker and accountant, about how to invest the huge sum she had won. In their discussion she mentioned that her brother, Steve, would probably ask her for the information and advice she received from Len. "Even though he won as much as I did," she said, "he's too cheap to pay for the help we both know we need, so I better make some notes." Among other things, Len advised Janice to buy shares in a company just before it bought heavily into retail stores in the U.S.A. and became overextended. Janice didn't act on that piece of advice, but Steve did.
a. Discuss whether Steve can bring a suit against Len.
b. If he can bring a suit, is he likely to succeed?

Accepted Answer

The answer of After winning a lottery, Janice consulted Len,...

Question 2

While demolishing a building using a crane and wrecking ball, Thompson, an employee of Bashett's Wrecking Co., accidentally hit Marsden's car, which was parked nearby in a laneway, and totally demolished it. Marsden, who fortunately was not in the car at the time, wishes to sue.
a. Who should she sue and why?
b. If she is successful, against whom will she execute judgement, and why is that permitted and reasonable?

Accepted Answer

The answer of While demolishing a building using a crane...

Question 3

The basic premise upon which tort liability is founded is that individuals and corporations living in a civilized society will not (and should not) intentionally cause injury to one another or others' property.

Accepted Answer

Tort liability is based on the principle that individuals and corporations have a duty to exercise reasonable care to avoid causing harm to others. If they breach that duty and cause injury or damage, they may be held liable for the resulting harm.

Question 4

Dave and Ray are teammates on their city's rugby team. Ray was injured early in the season and is unable to play for the remainder of the year. Dave forgot his mouthguard on the day of a game and borrowed Ray's mouthguard which, although it was medically formed for Ray's mouth, fit Dave fairly well. During a game Dave received a high tackle and lost several of his teeth. His attempt to sue Ray as well as the mouthguard manufacturer will be successful.

Accepted Answer

Dave cannot sue Ray as Ray did not cause his injury. Additionally, the mouthguard manufacturer cannot be held responsible as Dave chose to use a mouthguard that was not fitted for his mouth.

Question 5

Ping drove his automobile into a parking lot and, in doing so, collided with the side of a parked automobile that was owned by Nelson. Because a motor vehicle is a dangerous object, Ping is strictly liable for any damage caused by his vehicle.

Accepted Answer

Strict liability typically applies to inherently dangerous activities or the use of dangerous products, not to ordinary use of motor vehicles. Liability for car accidents usually depends on negligence or violation of traffic laws, not strict liability.

Question 6

Manish, a hairdresser, applied too much peroxide to Meagan's hair when he was colouring it, causing it to break off at the roots. Meagan will be held to the standard of care of the reasonable hairdresser.

Accepted Answer

Meagan will be held to the standard of care of the reasonable hairdresser because she voluntarily sought out Manish's services and entered into a contract with him. As such, she assumed the risk of any injuries or damages that may result from the hair treatment, but Manish also has a duty to exercise reasonable care in performing the service.

Question 7

Andrew, a newly graduated lawyer, failed to do a proper title search of a property, which resulted in his clients actually owning only two-thirds of the property which they thought they had bought. Andrew will be held to the standard of care expected of the reasonable lawyer.

Accepted Answer

The answer of Andrew, a newly graduated lawyer, failed to...

Question 8

Teresa is suing the Driver Trucking Co. because she was injured when one of their trucks negligently crashed into the bus shelter in which she was standing. Since Driver Trucking can do nothing to protect itself from its driver's negligence, it is unfair to hold the company liable for its employee's actions.

Accepted Answer

Driver Trucking Co. can be held liable for the actions of its employee under the legal principle of respondeat superior, which holds employers responsible for the actions of their employees while the employees are acting within the course and scope of their employment.

Question 9

A highly corrosive liquid that is stored on the property of Acme Waste Disposal leaks from its container and seeps into the foundations of the business next door, badly damaging the building. Acme will be liable only if the injured party can prove Acme was negligent.

Accepted Answer

Under strict liability laws, a company can be held liable for damages caused by its operations or activities, such as storing hazardous materials, without the need for the injured party to prove negligence.

Question 10

A defendant can receive damages as a result of a tortious act even though he or she may not have experienced any monetary loss.

Accepted Answer

This is true because damages in tort law can include compensation for non-monetary harm such as emotional distress, pain and suffering, and loss of enjoyment of life. The victim may not have suffered a financial loss, but they still deserve to be compensated for the harm caused by the tortious act.

Question 11

Much attention has been paid recently to the issue of dog attacks, which remain largely subject to a presumption of strict liability for breeds such as pit bulls.

Accepted Answer

This statement is true. Many areas have breed-specific legislation that holds certain breeds, such as pit bulls, to a strict liability standard in the event of a dog attack.

Question 12

Ping drove his automobile into a parking lot and, in doing so, collided with the side of a parked automobile that was owned by Nelson. Ping would be liable for the damage to Nelson's automobile if Ping was negligent in the operation of his motor vehicle.

Accepted Answer

If Ping was negligent in the operation of his motor vehicle and collided with the side of Nelson's parked automobile, he would be liable for the damage caused to Nelson's car.

Question 13

Arthur, who is a member of the maintenance staff of Gordon's Mall, was mending one of the revolving entry doors when he realised that he was missing an essential tool. He placed an "Out of Order" sign on the door, and went to get the tool. Due to an emergency caused by a washroom flood, he was gone for longer than he expected. Not long after he left, the sign fell off the door, and, while Susan, Antoinette and Gloria were entering, the door collapsed, seriously injuring all three women. Susan was on her way to the pet store to buy cat food, Antoinette came to the mall to get decorating ideas from the paint and wallpaper shop, but was not going to buy anything, and Gloria, thinking she was dying, confessed that she was on her way to rob the jewellery store.
a. Who would they sue and why?
b. Identify what, if any, duty of care is owed to each woman, and discuss whether any of them could win a negligence suit.

Accepted Answer

The answer of Arthur, who is a member of the...

Question 14

James and Mary are artists who have a studio in an industrial part of the city. They decide to live in the studio, which is not against local zoning bylaws, but find themselves disturbed at night by the noise and light from a nearby railway marshalling yard. They decide to institute a nuisance suit against the railway since their enjoyment of their property has been seriously affected. They will be unsuccessful.

Accepted Answer

The answer of James and Mary are artists who have...

Question 15

Dave was injured in a hang-gliding accident at a hang-gliding school, and would like to sue the owners of the school. Before they would allow him to take classes, the owners of the school had Dave sign a document which said that the school would not be responsible, legally or physically, for Dave's safety. This kind of document is called a release.

Accepted Answer

The answer of Dave was injured in a hang-gliding accident...

Question 16

Marc intends to sue Colleen for negligence. As a general rule, absent any unusual circumstances, Marc will not win unless he can prove to the court that it is more likely than not that what he alleges about Colleen's actions is true.

Accepted Answer

This statement accurately reflects the burden of proof in a civil negligence case. The plaintiff must prove their case by a preponderance of the evidence, which means it is more likely than not that the defendant's actions caused their injury or harm.

Question 17

The Sampson Hair Products company issued by a user who contracted a painful rash from using their shampoo. If Sampson manufactured the product in the same way and to the same standard as a reasonable shampoo manufacturer, and the rash was simply the result of an unusual allergy, Sampson will not be held liable.

Accepted Answer

If the product was manufactured to a reasonable standard and the rash was the result of an unusual allergy, the company cannot be held liable for the user's reaction.

Question 18

Ping drove his automobile into a parking lot and, in doing so, collided with the side of a parked automobile that was owned by Nelson. Ping has a duty not to damage the automobile owned by Nelson.

Accepted Answer

As a driver, Ping has a duty to exercise reasonable care to avoid causing harm to others, including property damage to the automobile owned by Nelson. Therefore, it is true that Ping has a duty not to damage the parked automobile.

Question 19

Seth owns a large plot of land on which he plants pear trees. These pears are his sole income and have earned him a reputation as a premier grower. His neighbour owns two horses which constantly break through the fence separating the two properties and maraud Seth's pear trees, costing him lost profits, decreasing production and causing general damage to the orchard. Seth would have valid grounds for a claim of nuisance.

Accepted Answer

The neighbour's horses are causing a continuous and unreasonable interference with Seth's enjoyment of his property, which is the essence of the legal concept of nuisance. Seth can claim damages or seek an injunction to stop the horse's behaviour.

Question 20

Initially, under tort theory, only deliberate direct injury was open to action, and compensation payable was open to consideration based on the actual loss suffered by the plaintiff.

Accepted Answer

Under tort theory, compensation payable was not limited to deliberate direct injury, and often considered factors such as negligence and the plaintiff's own contribution to the incident. Additionally, compensation could include damages beyond the actual loss suffered, such as punitive damages.

Quiz 5: Unintentional Interference With Persons or Property