BC Law Ch 6 Tort

Select all the legal requirement(s) for negligence.

• The Defendant must owe the Plaintiff a duty of care.

• The breach must directly cause the Plaintiff's loss.

• The Defendant must breach that duty of care.

• The Plaintiff's loss must be reasonably foreseeable.

With reference to the tort of negligence, who is one's "neighbour"?

• Anyone who may potentially be affected by one's acts / omissions.

• Anyone who is reasonably expected to be affected by one's acts / omissions.

• Anyone in the whole wide world.

• Only people who are in one's close physical proximity.

There must be a valid and binding contract in order to rely on the tort of negligence.

• True

• False

One breaches his/her duty of care if one's conduct ____. 

• falls above the standard expected of a reasonable person

• fails to comply with every possible precaution and every safeguard

• is dramatic and deserving of the Oscar Awards

• falls below the standard expected of a reasonable person

Select the statement(s) that correctly explain "direct cause" under the tort of negligence.

• The Plaintiff himself must not have contributed towards the injury.

• The Defendant's breach of duty must be the only cause for the injury.

• The Defendant's breach of duty must have directly caused the injury.

• The Defendant's breach of duty may be one of several causes for the injury.

Ian is an employee at the Cafe. Ian's working hours is from 9am to 5pm. Ian was mopping the floor at 5:10pm. As he failed to put up a sign, someone slipped and fell. Is the Cafe vicariously liable?

• The Cafe is liable as Ian's act occurred in the course of employment.

• The Cafe is not liable as the tort occurred outside Ian's working hours.

• The Cafe is not liable as it did not commit the negligent act.

• Ian is liable as his negligent act directly caused the injury.

Ian negligently crashed into Ed's car. Ed did not wear a seatbelt and suffered a more serious injury. Ian is ___.

• likely to succeed in the partial defence of contributory negligence

• likely to be fully liable for Ed's injuries

• the safest driver ever (maybe he should try driving for F1)

• likely to succeed in a general defence

Injuries that are foreseeable are injuries that are generally expected as a result of the breach of duty.

• True

• False

During a company event, an employee accidentally spills hot coffee on a guest. The guest suffers burns. Is the company liable for the guest's injuries?

• The company is not liable as the employee acted outside of work hours.

• The employee is solely liable for the guest's injuries.

• The company is liable as the incident occurred during a work-related event.

• The company is not liable as the employee did not intend to cause harm.

A driver runs a red light and collides with another vehicle. The other driver was speeding at the time of the accident. Can the first driver claim contributory negligence?

• Yes, because both drivers contributed to the accident.

• No, because the first driver was the one who ran the red light.

• Yes, but only if the other driver was significantly over the speed limit.

• No, because contributory negligence only applies to pedestrians.