Tort Liability And Proof

Question 1

What do engineers who offer services require in terms of liability?

Answer 1

1. Maintain professional liability insurance
2. Disclose in writing to client that they do not carry liability insurance, with client providing written acknowledgment of that disclosure.

Question 2

How does professional liability insurance protect engineers

Answer 2

Protects engineers in cases where negligence in the performance of professional duties result in damage or loss giving rise to tort claims

Question 3

What are the three elements that must be established to succeed in a tort action and obtain compensation?

Answer 3

1. Duty of care
2. Breach of duty
3. Causation and damage

Question 4

What does duty of care mean in a tort action?

Answer 4

Defendant owed plaintiff a legal duty to exercise reasonable care under the circumstances

Question 5

What is breach of duty in a tort action

Answer 5

Defendant breached their duty by failing to act as a reasonable person would in similar circumstances

Question 6

What is causation and damage in a tort action

Answer 6

Defendant’s breach of duty was the direct cause of the plaintiffs loss or injury, and the harm was a reasonably foreseeable consequence of the defendants conduct

Question 7

What is fault based liability

Answer 7

Happens where a person or organization causes harm to another because they didn’t act with the level of care required under the circumstances.

Question 8

What does it mean when a court says someone is at fault

Answer 8

1. Person had a duty to act carefully toward others (follow professional standards)
2. They failed to meet that duty
3. As a result, someone was harmed

Question 9

What is strict liability

Answer 9

When a person or organization is held liable for harm caused, even if they exercised all possible care.

Question 10

How do strict and fault based liability differ

Answer 10

Strict liability focuses on the consequences while fault based liability focuses on whether the defendant acted reasonably.

Question 11

Why is a no fault approach useful

Answer 11

Because it reflects the idea that in certain contexts, like workplace injury, compensation should take priority over assigning blame.

Question 12

What is vicarious liability

Answer 12

When an employer is liable for the damage caused by an employee when they committed a tort within their scope of practice.

Question 13

What are concurrent tortfeasors

Answer 13

Name given to multiple parties that may be held legally responsible for resulting damage from a tortious act

Question 14

What is the difference in product liability in the US and Canada

Answer 14

US uses strict liability while in Canada, plaintiffs use principles of negligence, requiring them to establish that a manufacturer breached duty of care

Question 15

What is a manufactures duty to warn

Answer 15

Manufactures have a legal duty to adequately warn consumers of any known dangers associated with the products ordinary use. Usually fulfilled through labels, instructions and warnings.

Question 16

In tort liability, when is economic loss a reason for compensation

Answer 16

1. Where physical damage has occurred or is imminently threatens to the plaintiffs own property
2. When economic loss is closely tied to a breach of duty of care, such as failure to warn

Question 17

What does a tort of defamation protect

Answer 17

Protects individuals against harm to their reputation resulting from false statements made from others

Question 18

What are the 2 categories of defamation torts

Answer 18

1. Libel - permanent form
2. Slander - transitory form

Question 19

What is libel in a defamation tort

Answer 19

Defamation in permanent form, usually written, printed or otherwise recorded. Examples are newspaper articles, emails, and online posts

Question 20

What is slander in a defamation tort

Answer 20

Defamation in transitory form, usually spoken words or gestures.

Question 21

4 things needed to succeed in a defamation claim

Answer 21

1. False statement made by defendant
2. Statement was communicated to at least 1 other person
3. Statement referred to the plaintiff
4. Statement would tend to lower plaintiffs reputation in the eyes of a reasonable person.

Question 22

What is slander in a defamation tort

Answer 22

Defamation in transitory form, usually spoken words or gestures.

Question 23

What is a tort of nuisance designed for

Answer 23

Designed to protect a persons right to a quiet, comfortable, and reasonable enjoyment of their land

Question 24

How to establish a nuisance tort

Answer 24

1. Interference must be substantial
2. Interference must be unreasonable in the circumstances

Question 25

What is the standard of proof for civil case

Answer 25

The claim is more likely to be true than not

Question 26

What 4 things are used by the court to assess credibility

Answer 26

1. Consistency of witness testimony 2. Demeanour while testifying 3. Plausibility of their account in light of evidence as a whole 4. Whether their version assigns with independent or objective facts