Tort Law Final Exam Review
Questions
Trespass - Answer-In order for this to exist, intrusions onto another's property must be significant and
not reasonable
Slander: Oral
and
Libel: Written - Answer-Defamation comes in two forms. What are they?
Oral:
Written:
Thin Skull Rule - Answer-The principle that a defendant is liable for the full extent of a plaintiff's loss,
even where a pre-existing condition makes the harm more serious than it otherwise might be
Trespass to Chattels (property) - Answer-If Jerry gives Tom his car to do repairs and return it the same
day, but instead Tom drives the car to BC for the week, what type of tort has Tom committed?
Trespasser - Answer-A person who goes onto another's property without or invitation
Professional Negligence - Answer-If a lawyer or accountant gives her client incompetent advice that
causes the client to suffer a loss, the lawyer or accountant has committed what type of tort?
Mitigating - Answer-A defendant can lessen the amount of damages that he might otherwise have to
pay for committing a tort if he can show that there were _______ circumstances at the time the tort
took place
, Intentional Torts - Answer-Harmful acts committed on purpose are known as what?
Occupier's Liability - Answer-For injury that occurs on a certain property is determined on whether the
visitor to the property is a trespasser, licensee, invitee, or contractual entrant
Assault - Answer-This tort occurs when there is a threat of imminent physical harm without there being
any actual physical contact
Licensee - Answer-Any person whose presence on an occupier's property is not a benefit to the occupier
but to which the occupier has not objection
Fraud or Duress - Answer-When consent is raised as a defence in a tort action, the consent is invalid if it
was obtained by _______ or __________
Passing Off - Answer-This tort might occur inadvertently when a business name is used that is so familiar
to an already existing business name that the public is misled into thinking that the businesses are
related
False imprisonment - Answer-A security guard who detains a shopper because he unreasonably assumes
that the shopper has stolen from the store, what type of tort has the security guard committed?
Pure Economic Loss - Answer-Tort law is traditionally reluctant to grant recovery of this or financial loss
which results from a negligent act where there has been no accompanying property or personal injury
damage
Self-Defence - Answer-This may be used as a defence to an intentional tort, as long as the purpose of the
action taken is to prevent is to prevent future or continued aggression and not to initiate an attack
Questions
Trespass - Answer-In order for this to exist, intrusions onto another's property must be significant and
not reasonable
Slander: Oral
and
Libel: Written - Answer-Defamation comes in two forms. What are they?
Oral:
Written:
Thin Skull Rule - Answer-The principle that a defendant is liable for the full extent of a plaintiff's loss,
even where a pre-existing condition makes the harm more serious than it otherwise might be
Trespass to Chattels (property) - Answer-If Jerry gives Tom his car to do repairs and return it the same
day, but instead Tom drives the car to BC for the week, what type of tort has Tom committed?
Trespasser - Answer-A person who goes onto another's property without or invitation
Professional Negligence - Answer-If a lawyer or accountant gives her client incompetent advice that
causes the client to suffer a loss, the lawyer or accountant has committed what type of tort?
Mitigating - Answer-A defendant can lessen the amount of damages that he might otherwise have to
pay for committing a tort if he can show that there were _______ circumstances at the time the tort
took place
, Intentional Torts - Answer-Harmful acts committed on purpose are known as what?
Occupier's Liability - Answer-For injury that occurs on a certain property is determined on whether the
visitor to the property is a trespasser, licensee, invitee, or contractual entrant
Assault - Answer-This tort occurs when there is a threat of imminent physical harm without there being
any actual physical contact
Licensee - Answer-Any person whose presence on an occupier's property is not a benefit to the occupier
but to which the occupier has not objection
Fraud or Duress - Answer-When consent is raised as a defence in a tort action, the consent is invalid if it
was obtained by _______ or __________
Passing Off - Answer-This tort might occur inadvertently when a business name is used that is so familiar
to an already existing business name that the public is misled into thinking that the businesses are
related
False imprisonment - Answer-A security guard who detains a shopper because he unreasonably assumes
that the shopper has stolen from the store, what type of tort has the security guard committed?
Pure Economic Loss - Answer-Tort law is traditionally reluctant to grant recovery of this or financial loss
which results from a negligent act where there has been no accompanying property or personal injury
damage
Self-Defence - Answer-This may be used as a defence to an intentional tort, as long as the purpose of the
action taken is to prevent is to prevent future or continued aggression and not to initiate an attack
