1 Tort Law

The purchaser of a new home who is injured when the roof falls in may have a cause of action against the builder in tort for negligence or for Select one: A. Breach of contract. B. Criminal acts. C. Fraudulent misrepresentation. D. Moral wrongs.

A. Breach of contract. CorrectCorrect. There may be a cause of action against the builder for breach of contract - failure to build a sound home to contract specifications - or in tort for negligence - breach of the duty of care in constructing the home

Gerty was jealous of a business rival, Alphonse, who obtained a profitable new contract that Gerty had attempted to secure for herself. Gerty took some steps to make Alphonse look bad, hoping to cause Alphonse's client to drop Alphonse and sign a contract with Gerty. Alphonse sued Gerty for interference with contractual rights. Which one of the following is the probable basis for the suit? Select one: A. Intentional B. Negligence C. Physical tort D. Breach of contract

A. Intentional CorrectCorrect. Intentional torts are torts committed with intent to cause harm or intent to do the act that causes harm, and include defamation, invasion of privacy, trespass, interference with contractual rights, and fraudulent misrepresentation.

Examples of nonphysical torts include all of the following, EXCEPT: -Defamation -Battery -Malicious prosecution -Fraud

Battery

A plaintiff suing for trespass onto real property would have standing to sue only in the jurisdiction in which real property is located. This cause of action is known as Select one: A. Transitory. B. Jurisdictional. C. Local. D. Procedural.

C. Local.

Torts can fall into several broad classification and can be either intentional or unintentional, and either Select one: A. Specific or misleading. B. Public or private. C. Physical or nonphysical. D. Committed or noncommitted.

C. Physical or nonphysical. CorrectCorrect. Torts can also be physical or nonphysical.

A person injured as a result of a tort may file a lawsuit against the accused wrongdoer, known as the Select one: A. Significant contact. B. Lex loci. C. Tortfeasor. D. Lex fori.

C. Tortfeasor. CorrectCorrect. The accused wrongdoer is known as the tortfeasor.

Determining which law to apply in a transitory tort case depends on the place where the party sues, known as the Select one: A. Transitory cause of action. B. Statutory enactment. C. Provincial rule. D. Forum jurisdiction.

D. Forum jurisdiction. CorrectCorrect. Determining which law to apply in a transitory tort case depends on the place where the party sues, called the forum jurisdiction.

What is the significant contracts rule?

The significant contacts rule specifies that the substantive law of a state or province having more significant contacts to the parties may apply, even when the tort occurred elsewhere.

If the forum jurisdiction is not where the wrong occurred, the court must decide whether to apply the law of the forum jurisdiction ( lex fori) or the law of the jurisdiction where the wrong occurred ( lex loci). True False

True