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First Exam -Tort Questions.doc

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Western University
Philosophy 2080
James Hildebrand

1According to the author Weinrib in his essay two concepts of tort law tort liability in Canada could be aptly described asaA judgment imposed on the interactions of private persons2If Weinrib is correct in his description of tort law in Canada then the availability of insurance proceedsaWill have no effect on deciding as to whether a defendant is liable in tort3The criticism that legal realists make about judges is that theyaFind whatever principle they can to rationalize decisions they make to help litigants with whom they sympathize4To describe the common law as positivist means that aIt is an established set of principles found in the decision made by judges5One important difference between intentional and unintentional torts is that for a plaintiff in an intentional court case to succeedaIt is not necessary to show actual harm as an element of the tort6In the famous case Donoghue v Stevenson snail in the gingerbeer the plaintiff won her case becauseaIt was reasonably foreseeable that she could be harmed by the careless act of the defendant7In the D v S case the defendant arguedaThat the plaintiffs statement of claim did not describe a tort recognized by law in Scotland8In our common law system the part of the decision that is binding isaRatio decedendi9In the case exploding package at the train station in his majority opinion Justice Cardozo stated the risk reasonable to be perceived defines the duty to be obeyedBy this statement he meansaThat given the conduct of issue potential harm to the plaintiff must be foreseeable to a reasonable person10In his dissenting opinion in the palsgraph case Justice Andrews said thata A wrongdoer is respo
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