Intro to Torts and Remedies

Question 1

Liability

Answer 1

legal right enforceable by law and against legal persons by way of court process where court can apply a remedy.

Question 2

What is required for there to be a liability ? (2)

Answer 2

Rights and Remedy

Question 3

CMA Tort definition

Answer 3

act or omission in some circumstances, cause an injury to someone or their property. Person performing has no excuse

Question 4

Purpose of Tort Law…..rather than?

Answer 4

compensate the injured party for loss suffered by tortuous act, rather than punish the wrong doer

Question 5

Tort law normally does not attempt….

Answer 5

to do more than provide compensation

Question 6

Plaintiff responsibility with tort case

Answer 6

break down liability in elements and provide evidence/proof

Question 7

In tort law, the applicable standard of proof is?
Civil matters, what is certainty %

Answer 7

Balance probability
50% + 1 for standard of proof

Question 8

In criminal law, the applicable standard of proof is?
what is certainty %

Answer 8

Beyond reasonable doubt, 95% certain.

Question 9

Negligence and when there is a liability

Answer 9

if someone hasn’t acted as a reasonable person and as a consequence someone is hurt -> there is a liability

Question 10

Intentional

Answer 10

torts caused with intention. Desire to bring about certain consequences from motivation

Question 11

Is it possible to be sued in two areas? and how would results turn out?
What was a famous case?

Answer 11

It is possible to be sued in both criminal and tort (common law)
the results would be different in terms of remedies
case is OJ Simpson

Question 12

Four Areas of Common Law

Answer 12

Tort, Contract, Property, Restitution

Question 13

Objective of Tort law

Answer 13

compensate victims and not engage in punishment

Question 14

What can’t be used as defences for tort (2), what is all that is required

Answer 14

Insanity, intoxication, as all that is required is intention

Question 15

How is someone liable with tort

Answer 15

At fault, perpetrated act to cause harm with intent or were negligent.

Question 16

fault in tort law

Answer 16

blameworthy condition

Question 17

Intentional Torts

Answer 17

intentional acts prescribing harm; torts caused with intention

Question 18

What is not intentional tort (3 examples)

Answer 18

Reflexive / self-defence
Automation (not in conscious state)
Somna ambulens: sleep walking

Question 19

Tort Feasor

Answer 19

one who perpetrates the tort

Question 20

What courts do Torts follow and why?

Answer 20

criminal court, tort prosecutor allows criminal prosecutor to find all evidence and do most of setting up

Question 21

Three elements for standard of proof in order and all must be proven for intentional torts

Answer 21

1. Intention
2. Causation
3. Proscribed harm proven

Question 22

Intention: Intention and Motive definition and requirement for tort law

Answer 22

Intention: bring consequence and more direct as intent to cause harm
Motive: Underlying object, prompting defendant to commit the tort

Intention and Motive must be differentiated.

Question 23

Courts and Intention with Plaintiff and Defendant

Answer 23

Plaintiff must prove intention of defendant but it is difficult. Court assumes intentional, Plaintiff is truthful, so ownness of proof of innocence on defendant to reverse presumption

Question 24

Causation
how does this work for courts and their causation responsibilities

Answer 24

operative cause (close in time with intervening acts). Fairly direct cause

courts don’t get involved as why tort occurred, their job is determining certainty and providing remedy

Question 25

Various types of prescribed harm (5)

Answer 25

1. battery (touching)
2. assault
3. deceit (false assertion of fact with knowledge of its falsity)
4. false imprisonment
5. intentional infliction of mental suffering

Question 26

Various types of prescribed harm torts: (Wilkinson case)

Answer 26

as a practical joke, the defendant told the plaintiff told her husband was injured in a car accident and incapacitated for several weeks – damages were awarded

Question 27

If all elements are proven, Plaintiff is entitled to?

If defendant successful proving defence exists

Answer 27

Compensation to place victim, Plaintiff, in the position for if the tort had not occurred

damages not rewarded and liability excused

Question 28

Injunction

Answer 28

court order to get the tort feasor to stop with a persisting tort

Question 29

3 defences for proving defence exists aside from non-intentional etc automation, reflexes/defence, sleep walk

Answer 29

Consent
Defence of legal authority
Self defense with extreme limits

Question 30

3 defences for proving defence exists - self defence with extreme limits

Answer 30

no other reasonable way of escaping or surviving

Question 31

3 defences for proving defence exists - consent and example

Answer 31

agree to enter activity ex boxers, but there are provisions

Question 32

3 defences for proving defence exists - Defence of legal authority and example

Answer 32

individuals charged with responsibilities and can perform acts otherwise as torts e.g., police

Question 33

Damages (Remedy)

Answer 33

If tort liability, it is compensation for the damages, in form of money, to the victim, put in position if tort never occurred

Question 34

3 categories of damages (remedies)

Answer 34

Special Damages, General Damages, Punitive Damages

Question 35

Special Damages and examples

Answer 35

losses calculated with accounting accuracy up until particular date etc loss wages, profit of business

Question 36

General Damages

Answer 36

losses that cannot be calculated with accounting certainty – there is a
level of conjecture (estimation).

Question 37

Examples of General Damages and how to calculate

Answer 37

future medical costs, future economic
loss, pain and suffering, cannot arbitrarily assign number, use precedent cases and hire actuaries

Question 38

trio of cases for general damages

Answer 38

Teno v. Arnold,
Thorton v. The School District #57 Andrews. Grand Toy:

Question 39

trio of cases: Teno v. Arnold, Thorton v. The School District #57, Andrews. Grand Toy:
what is their purpose
what was original value
what is value with inflation

Answer 39

set the cap/upper limit for pain and suffering is $100K (done to not cripple the economy) now with inflation, it is now $400K

Question 40

3 reasons why Reward in US higher than Canada

Answer 40

1. Juries make tort award in US, in Canada doesn’t exist. Juries more emotional and rational so result in larger sums
2. Americans have jurisprudence that allow for higher rewards of punitive damages
3. number of cases being much higher than Canada

Question 41

Punitive (exemplary) Damages

Answer 41

ordered when defendant is guilty of conduct and described as vindictive, aggravated or penal (situation is very bad, deter reckless behaviour)