Chapter 3: Tort Law
True or False?
The standard of proof pertaining to tort actions is over a balance of probabilities. (T)
A large number of actions that were originally torts have become accidents under provincial statutes. (T)
To prove that a defendant provides committed a tort, a plaintiff need to establish that the defendant's activities were the sole cause of the harm. (F)
A fiduciary responsibility is a great enhanced work of treatment that runs from a relationship of special trust. (T)
The burden of proving a tort protection, such as non-reflex assumption of risk, is usually on the plaintiff. (F)
The law analyzes professional carelessness according to the " reasonable professional" standard. (T)
A large right to privateness is constitutionally recognized in Canada. (F)
Defamation in writing is called slander. (F)
The tort of assault involves violent touching. (F)
10. The Negligence Action codified the common-law notion of contributory negligence into a lawful provision (T)
11. When a business are operating in a framework of uncommon risk while offering an activity to patrons, it can be required to go beyond the " normalвЂќ or perhaps " typicalвЂќ safety types of procedures common for that kind of business. (T)
implies that the individual was partly at fault intended for the harm he endured
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installment payments on your
must be proven by defendant
can, if perhaps proven, limit the defendant's liability in tort
all of the previously mentioned
Remedies available for torts contain
penitentiary sentences and damages
specific efficiency and injunctions
injuries and injunctions
preventing orders and restitution
Pecuniary losses recoverable in a tort action range from
the cost of misplaced work period
the loss of future earnings because of a circumventing injury
all of the above
Negligence is established only when the plaintiff proves that the defendant could
the fact that plaintiff would purchase the defendant's goods
that the individual or somebody like her might be damaged or fees loss due to the defendant's actions
that the plaintiff or someone like her might be damaged or bear loss resulting from the defendant's actions, and that the full extent of the harm actually experienced by the individual was likewise reasonably not far off
A business can make an attempt to limit its liability in tort simply by
performing safety testing on products and services and documenting test outcomes
preserving retail and also other premises in good restoration and executing regular safety patrols
Canadian Business Legislation, 2nd Release, Instructor's Guideline
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stamping warnings upon products guidance of potential dangers
all of the over
To succeed in a defence based on fair comment, a defendant's comment need to a.
end up being based on a conclusion that is reasonably maintained evidence
not be motivated by malice
be on a matter of open public interest
all of the previously mentioned
To manage the risk of lawsuits depending on the law of nuisance, the very best strategy for businesses would be to
restrict access to harmful areas
conduct market research before developing new products
comply with all land work with laws, just like zoning bylaws, building requirements, and environmental laws
none of the above
To establish that the accused committed the tort of interference with economic relations, the individual must prove that
the defendant's business is a direct competitor of her personal and that the accused has attained an economic advantage over the individual by against the law means
the defendant intended to damage the litigant's business, the fact that defendant committed an illegal act to do this, and that the...
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