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Western University
Philosophy 2080
James Hildebrand

Sample Questions 1. The thin-skulled plaintiff rule states that: a) once liability to the plaintiff is established, the defendant is responsible for all damages that follow; b) a tortfeasor must take her victim as she finds him; c)the particular susceptibility of a plaintiff to injury will not allow a defendant to reduce the amount of damages; d) all of the above. 2. The difference between a common law jurisdiction and a civil code jurisdiction is: a) a civil code jurisdiction has codified the procedural rules of civil law that are found in the common law of a common law jurisdiction; b) a civil code jurisdiction has codified the substantive rules of civil law that are found in the common law of a common law jurisdiction; c) both of the above; d) none of the above. 3. The purpose of punitive damages in tort law is: a) to place the defendant in the same position he would have been had the tort not occurred; b) to place the plaintiff in the same position he would have been had the contract been performed as agreed; c) to place the plaintiff in the same position he would have been had the tort not occurred. d) none of the above. 4. The law of tort, in Ontario, is: a) found in a statute; b) a body of legal principles found in common law and statute; c) the law of unintentional interference with persons; d) the law of unintentional interference with persons and things. 5. To say that negligence is an unintentional tort means: a) the act complained of was not intended by the tortfeasor; b) the tortfeasor did not intend to cause harm to the plaintiff by her actions; c) the tortfeasor may be held liable even though she did not foresee that her actions would cause harm to the plaintiff; d) all of the above; e) b) and c) only 6. If Microsoft, the software company, told Compaq, the computer hardware manufacturer, that if Compaq provided its customers with the program Netscape then it would not be allowed to install the Microsoft Windows operating system on its computers, then Microsoft would have committed the tort of: a) deceit; b) slander of goods; c) slander of title to goods; d) intentional interference with contractual relations. 7. In the intentional tort of battery, provocation: a) is a defence to allow the defendant to avoid liability; b) may have the effect of reducing the amount of compensatory damages awarded to the plaintiff c) may have the effect of reducing the amount of punitive damages awarded to the defendant; d) may have the effect of reducing the amount of punitive damages awarded to the plaintiff. 8. Vicarious liability means that: a) employees are liable for the actions they are compelled to do by their employers; b) employers are liable for the torts committed by employees when employers are negligent in their supervision of those employees and the act complained of was performed within the course of employment; c) employers are liable for torts committed by employees if the act complained of was performed within the course of employment. 9. Where properly enacted federal and provincial legislation contradict each other: a) the federal legislation will prevail; b) in matters concerning property and civil rights, the provincial legislation will prevail; c) in matters concerning banking the provincial legislation will prevail. ACS Sample Questions: 1. (b) a tricky question, because the Quebec A-G’s argument, set out in the text, was (a), but, the court actually held that speech should not be divided into different categories to determine as to whether it should be protected by the Charter 2. (a) Think: movie theatre, bar, these are businesses that benefit the occupier of lands 3. (c) That’s right, the defendant argued that even if everything the plaintiff said was true, the law did not recognize this as a law suit. That is why the plaintiff didn’t have to give any evidence, the defendant admitted the truth of her allegations. 4. (b) And remember, it need only be that person’s honestly held opinion, it is not necessary that other people in the community agree with that opinion, the law protects the “crackpot” too. 5. (c) A tricky question, because although consideration was ultimately an issue in the case, consideration was only an issue in relation to the promise to keep the offer open. The offer to sell was supported by consideration. 6. (a) Recall, such a term in presumed to be unreasonable, the party seeking to rely on it must show it is reasonable. 7. (b) Yes there is a difference. Quebec as codified all its substantive civil law, Ontario has not. Both Ontario and Quebec have codified procedural law. SAMPLE QUESTIONS DOC I just culled my hard-drive, so there is a repeat here, sorry. 1. (d) A lot of people find this rule confusing, but it does make a lot of sense. If you wrongly injure someone, and they have a particular vulnerability you didn’t know about, it would not be right for the wrongdoer to avoid the consequences while the plaintiff in fact suffers them. The tricky part is remembering the defendant has to first be found liable, - duty of care, breach of standard of care – before his rule would apply, as it is a rule about the extent of damages. 2. oops 3. (d) punitive damages are not compensatory, they are to punish. 4. (b) this is the only answer that is completely accurate, for (a), the bulk of tort law is actually found in the common law, for (c) and (d) we know that tort law also included intentional interference with persons and things 5. (e) the defendant meant to do the act, but didn’t intend any harm 6. (d) this is a modern tort, and as you can see, one person or company interferes with another’s contractual relations with someone else. This could take a variety of forms, this is just one example. 7. (d) Provocation would not be a defence, and it cannot reduce compensatory damages, as those damages are to reflect the actual losses suffered by the plaintiff. 8. (c) a for answer (b), this would not be vicarious liability, this would be liability through negligence of the employer, vicarious means entirely through the actions of another 9. (a) This question assumes the legislation was properly enacted, i.e. ultra vires the powers of each branch of g
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