LSO Barrister Tort Law 2

Question 1

An employer's vicarious liability for a tort committed by an employee is most accurately described as:

Accepted Answer

Liability imposed on the employer for employee torts committed in the course of employment

Answer

Liability based solely on the employer's own negligence in hiring or supervising the employee

Answer

Strict liability for every act or omission of every employee at all times

Answer

Liability requiring proof that the employer authorized the specific tortious act

Question 2

In Bazley v Curry [1999] 2 SCR 534, the Supreme Court of Canada held that an employer is vicariously liable for an employee's intentional tort where:

Accepted Answer

There is a sufficiently strong connection between the enterprise risk created by the employer and the wrong done by the employee

Answer

The employer was negligent in supervising the employee

Answer

The employee acted expressly within the scope of their enumerated duties

Answer

The employer financially benefited from the employee's wrongful conduct

Question 3

The rule in Rylands v Fletcher imposes strict liability where:

Accepted Answer

A person brings onto land a thing likely to do mischief if it escapes, makes a non-natural use of the land, and the thing escapes causing damage

Answer

Any dangerous thing escapes from the defendant's land and causes damage

Answer

Any ultra-hazardous activity causes foreseeable harm to a neighbour

Answer

A nuisance on the defendant's land spreads and damages the plaintiff's property

Question 4

Under the Ontario Limitations Act, 2002, what is the basic limitation period for most tort claims?

Accepted Answer

Two years from the date the claim was discovered

Answer

Six years from the date the cause of action arose

Answer

One year from the date of injury for personal injury claims

Answer

Three years from the date the defendant knew of the claim

Question 5

In the tort of deceit (fraudulent misrepresentation), which of the following is NOT a required element?

Accepted Answer

The plaintiff's reliance was objectively reasonable

Answer

A false representation of existing fact

Answer

The defendant knew the statement was false or was reckless as to its truth

Answer

The plaintiff actually relied on the representation

Question 6

Which principle governs the assessment of compensatory damages in tort law to restore the plaintiff to their pre-tort position?

Accepted Answer

The restitutio in integrum principle

Answer

The principle of punitive or exemplary damages

Answer

The crumbling skull doctrine

Answer

The collateral benefit rule

Question 7

The 'thin skull' rule in tort law provides that:

Accepted Answer

A defendant must take their victim as they find them, and is fully liable even if the plaintiff's unusual vulnerability leads to greater harm

Answer

A defendant is only liable for harm that a reasonable person would have foreseen

Answer

Damages are reduced proportionately where the plaintiff had a pre-existing condition

Answer

A defendant is not liable for aggravation of a pre-existing condition