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Tort Practice Questions.pdf

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Western University
Philosophy 2080
James Hildebrand

Philosophy 140 Sample exam questions Instructor J F Hildebrand Examples1 In the case Horsley et al v MacLaren et al people jumping off the boat case the plaintiff succeeded at trial because the court helda the defendant was negligent in relation to Matthews and was liable for all the results or injury stemming from that negligent conduct b negligence if a wrong is a wrong to the public at large c the defendants negligence when rescuing Matthews was thecause of Horsleys death d none of the above2 In the Horsleycase in his dissenting opinion Justice Laskin helda the defendant owed a duty of care to Matthews as between a carrier and passenger b the defendant breached the duty of care owed to Matthews c the defendants breach of duty of care to Matthews caused Horsley to attempt a rescue d all of the above3 In Reibl v Hughes stroke after surgery case in its majority decision the Supreme Court of Canada helda even though an objective test was to be used to determine
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