LSO Barrister Tort Law

Question 1

Under the Anns/Cooper test for establishing a novel duty of care in negligence, what is the correct first step?

Accepted Answer

Determine whether there is a sufficiently close and proximate relationship between the parties such that harm was reasonably foreseeable

Answer

Consider whether there are residual policy reasons to negate or limit the duty

Answer

Assess whether the plaintiff contributed to their own loss

Answer

Apply the Wagon Mound remoteness test to limit liability

Question 2

Under the Ontario Occupiers' Liability Act, what standard of care does an occupier owe to persons entering the premises?

Accepted Answer

A duty to take such care as is reasonable in all the circumstances to see that persons on the premises are reasonably safe

Answer

A strict liability duty for all injuries occurring on the premises

Answer

A duty limited to warning visitors of hidden hazards

Answer

A duty of care only to invitees, not licensees or trespassers

Question 3

Which of the following best describes the 'but for' test for causation in negligence?

Accepted Answer

The plaintiff must prove that but for the defendant's negligence, the harm would not have occurred

Answer

The defendant's conduct materially increased the risk of the plaintiff's harm

Answer

The harm was of a type foreseeable from the defendant's breach

Answer

There were multiple sufficient causes each independently causing the harm

Question 4

The test for remoteness of damage in negligence was authoritatively established by which case?

Accepted Answer

Overseas Tankship (UK) Ltd v Morts Dock & Engineering Co (The Wagon Mound No. 1) [1961] AC 388

Answer

Donoghue v Stevenson [1932] AC 562

Answer

Bolton v Stone [1951] AC 850

Answer

Re Polemis and Furness Withy & Co Ltd [1921] 3 KB 560

Question 5

In Ontario, contributory negligence is governed by which statute?

Accepted Answer

The Negligence Act, RSO 1990, c N.1

Answer

The Tortfeasors Act, RSO 1990

Answer

The Limitations Act, 2002, SO 2002

Answer

The Occupiers' Liability Act, RSO 1990

Question 6

Which of the following is the essential element that distinguishes private nuisance from negligence?

Accepted Answer

The interference with the plaintiff's use and enjoyment of land must be unreasonable

Answer

The defendant must have intended to cause harm to the plaintiff

Answer

The defendant must have been negligent in creating the condition

Answer

Physical damage to the plaintiff's property must always be proven

Question 7

Which of the following correctly describes the defence of volenti non fit injuria in a negligence claim?

Accepted Answer

The plaintiff voluntarily assumed both the physical risk of harm and the legal risk by agreeing to waive any claim against the defendant

Answer

The plaintiff was aware of the risk and proceeded anyway, reducing damages proportionately

Answer

The defendant acted reasonably and therefore owed no duty to the plaintiff

Answer

The plaintiff consented to the defendant's entry onto the property