CEN 800: TORT EXAM 2025-2026
QUESTIONS 100% ANSWERED.
Types of Legal Obligations - ANSWER- Contractual
- Statues
- Tort
Contractual Legal Obligations - ANSWER- parties voluntarily assume legal obligations
Ex:
- Engineer enters into service agreement with client
- Engineer provides drawings and specifications to client as a part of the service
- Client pays a fee to engineer for the performance of the service
- Their relationship is governed by the provisions in the agreement
Statues Legal Obligations - ANSWERlegislation imposes obligations
Construction Act Statue Ex - ANSWERretain statutory holdback from payments
Criminal Code Statues Ex. - ANSWERdo not steal
Personal Information Protection and Electronic Documents Act Staues Ex. -
ANSWERgoverns how private-sector organizations collect, use or disclose personal
information in the course of commercial activities across Canada
Professional Engineers Act (Ontario) Statues Ex - ANSWERregulates the practice of
Engineering in Ontario (Note: every jurisdiction in Canada has its own regulatory
framework for the practice of engineering)
Tort - ANSWER- obligations based on the relationship between the person who owes
the duty and the person to whom the duty is owed
- A civil wrong (not a breach of contract) which the law will redress by an award of
damages
- Based on the type of relationship
Types of Tort - ANSWERDefamation
Nuisance
Negligence
Defamation - ANSWERreputation of the plaintiff is damaged by untrue statements
publicly made by the defendant
Types of defamation - ANSWERLibel
Slander
, Injurious Falsehood
Libel - ANSWERType of defamation
statements made in writing
Slander - ANSWERType of defamation
statements are verbal
Injurious falsehood - ANSWERType of defamation
disparaging comment to a third party regarding goods, services, or business of plaintiff
(business equivalent to defamation)
Nuisance - ANSWERUnlawful interference with the comfortable and convenient
enjoyment of the plaintiff's land
Hollywood Silver Fox Farm Ltd. v Emmett: date and location - ANSWER1936 England
Hollywood Silver Fox Farm Ltd. v Emmett: Facts - ANSWER• Hollywood Silver Fox
Farm carried on a business of raising silver foxes which are very skittish - if disturbed
during breeding they may refuse to breed, miscarry or kill their young.
• Due to a dispute between the plaintiff and the defendant the defendant had his son fire
off a gun on his land as close to the breeding pens as possible.
• Hollywood brought action for an injunction against this behaviour.
Hollywood Silver Fox Farm Ltd. v Emmett: Decision - ANSWER• The Court held that
there was a nuisance and that when considering a nuisance for noise the motive for the
production of the noise must be taken into consideration; whether or not he was using
the land in a legitimate and reasonable manner.
• Citing a previous case, the Court held that "[n]o proprietor has an absolute right to
create noises upon his own land, because any right which the law gives him is qualified
by the condition that it must not be exercised to the nuisance of his neighbours".
Negligence - ANSWERharm is caused to the plaintiff through conduct of the defendant
that falls short of what is expected of a "reasonable person" in similar circumstances
Core idea of negligence - ANSWERpeople should exercise reasonable care when they
act by taking account of the potential harm that they might foreseeably cause to other
people
Tort intro - ANSWER• Private or civil wrong or injury, that may arise independently of
contract
◦ No contract is required for tort liability to exist
◦ Does not specifically deal with Criminal Code of Canada
• Tort liability and liability for breach of contract can both occur
Purpose of Tort - ANSWER• Compensate victims of torts
QUESTIONS 100% ANSWERED.
Types of Legal Obligations - ANSWER- Contractual
- Statues
- Tort
Contractual Legal Obligations - ANSWER- parties voluntarily assume legal obligations
Ex:
- Engineer enters into service agreement with client
- Engineer provides drawings and specifications to client as a part of the service
- Client pays a fee to engineer for the performance of the service
- Their relationship is governed by the provisions in the agreement
Statues Legal Obligations - ANSWERlegislation imposes obligations
Construction Act Statue Ex - ANSWERretain statutory holdback from payments
Criminal Code Statues Ex. - ANSWERdo not steal
Personal Information Protection and Electronic Documents Act Staues Ex. -
ANSWERgoverns how private-sector organizations collect, use or disclose personal
information in the course of commercial activities across Canada
Professional Engineers Act (Ontario) Statues Ex - ANSWERregulates the practice of
Engineering in Ontario (Note: every jurisdiction in Canada has its own regulatory
framework for the practice of engineering)
Tort - ANSWER- obligations based on the relationship between the person who owes
the duty and the person to whom the duty is owed
- A civil wrong (not a breach of contract) which the law will redress by an award of
damages
- Based on the type of relationship
Types of Tort - ANSWERDefamation
Nuisance
Negligence
Defamation - ANSWERreputation of the plaintiff is damaged by untrue statements
publicly made by the defendant
Types of defamation - ANSWERLibel
Slander
, Injurious Falsehood
Libel - ANSWERType of defamation
statements made in writing
Slander - ANSWERType of defamation
statements are verbal
Injurious falsehood - ANSWERType of defamation
disparaging comment to a third party regarding goods, services, or business of plaintiff
(business equivalent to defamation)
Nuisance - ANSWERUnlawful interference with the comfortable and convenient
enjoyment of the plaintiff's land
Hollywood Silver Fox Farm Ltd. v Emmett: date and location - ANSWER1936 England
Hollywood Silver Fox Farm Ltd. v Emmett: Facts - ANSWER• Hollywood Silver Fox
Farm carried on a business of raising silver foxes which are very skittish - if disturbed
during breeding they may refuse to breed, miscarry or kill their young.
• Due to a dispute between the plaintiff and the defendant the defendant had his son fire
off a gun on his land as close to the breeding pens as possible.
• Hollywood brought action for an injunction against this behaviour.
Hollywood Silver Fox Farm Ltd. v Emmett: Decision - ANSWER• The Court held that
there was a nuisance and that when considering a nuisance for noise the motive for the
production of the noise must be taken into consideration; whether or not he was using
the land in a legitimate and reasonable manner.
• Citing a previous case, the Court held that "[n]o proprietor has an absolute right to
create noises upon his own land, because any right which the law gives him is qualified
by the condition that it must not be exercised to the nuisance of his neighbours".
Negligence - ANSWERharm is caused to the plaintiff through conduct of the defendant
that falls short of what is expected of a "reasonable person" in similar circumstances
Core idea of negligence - ANSWERpeople should exercise reasonable care when they
act by taking account of the potential harm that they might foreseeably cause to other
people
Tort intro - ANSWER• Private or civil wrong or injury, that may arise independently of
contract
◦ No contract is required for tort liability to exist
◦ Does not specifically deal with Criminal Code of Canada
• Tort liability and liability for breach of contract can both occur
Purpose of Tort - ANSWER• Compensate victims of torts
