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Homework answers / question archive / York College, CUNY STRATEGIC 68798 Chapter 10 1)What has the Supreme Court of Canada identified as the function of tort law?     What type of behaviour does the tort of trespass to land address?   Does tort law automatically provide a remedy when someone has been physically or economically injured? Explain

York College, CUNY STRATEGIC 68798 Chapter 10 1)What has the Supreme Court of Canada identified as the function of tort law?     What type of behaviour does the tort of trespass to land address?   Does tort law automatically provide a remedy when someone has been physically or economically injured? Explain

Business

York College, CUNY

STRATEGIC 68798

Chapter 10

1)What has the Supreme Court of Canada identified as the function of tort law?

 

 

  1. What type of behaviour does the tort of trespass to land address?

 

  1. Does tort law automatically provide a remedy when someone has been physically or economically injured? Explain.

 

  1. On what basis does tort law seek to impose liability?

 

  1. What impact has no-fault auto insurance legislation had in some provinces?

 

  1. What are the two main categories of torts?

 

  1. Contrast the tort of assault with the tort of battery?

 

  1. How is a charged party referred to in a criminal proceeding?

 

  1. What is the purpose of a criminal prosecution?

 

  1. Who brings the legal action in a tort claim and in a criminal prosecution?

 

  1. What is the primary goal of a tort remedy?

 

  1. What is a “structured settlement”?

 

  1. Who has the burden of proof in a criminal action, and what is the standard of proof?

 

  1. What is the burden of proof required for the plaintiff to succeed?

 

 

  1. Outline the difference between primary and vicarious liability.

 

  1. Explain the doctrine of vicarious liability.

 

  1. What is the rationale for the doctrine of vicarious liability?

 

  1. How does the law deal with joint tort-feasors?

 

  1. Who may a plaintiff recover against when joint tort-feasors are involved?

 

  1. How does the legislation change the common law when there is more than one cause for the injury in a tort action?

 

  1. What is the purpose of workers’ compensation legislation and how does this legislation modify tort law?

 

  1. What is the impact of a successful defence of contributory negligence on the amount of damages?

 

  1. When would a court grant an order for an injunction?

 

  1. Does tort law only compensate for physical injury? Explain.

 

  1. How are damages for non-physical forms of distress typically proven in court?

 

  1. What categories of pecuniary damages is the plaintiff entitled to receive?

 

  1. What are punitive damages and what role do such damages have in Canada?

 

  1. Compare punitive damages in Canada to that of the United States.

 

  1. Explain how a single event can give rise to two separate legal actions:

 

  1. What steps can a business take to manage its tort risk?

 

 

 

 

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