BLAW 212 STUDY TEST QUESTIONS WITH CORRECT DETAILED ANSWERS
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Course
BLAW 212
Institution
BLAW 212
BLAW 212 STUDY TEST QUESTIONS WITH CORRECT DETAILED ANSWERS
Vicarious Liability (TEST) - Answer-Is the wrong-doer and employee (Vicarious liability) or independent contractor (Not Vicarious liability)
is the wrong doing connected with the job
Linking the tort with the Job - Answer-Employer ...
BLAW 212 STUDY TEST QUESTIONS
WITH CORRECT DETAILED
ANSWERS
Vicarious Liability (TEST) - Answer-Is the wrong-doer and employee (Vicarious liability)
or independent contractor (Not Vicarious liability)
is the wrong doing connected with the job
Linking the tort with the Job - Answer-Employer vicariously liable only if tort committed
within scope of employment.
The Close Connection Test: Is the wrong so connected with the employment that the
employer has introduced the risk of the wrong? Has the employer created an
opportunity for an abuse of power?
Compensatory Damages - Answer-When the court is assessing compensatory
damages, it is assessing a sum of money for now and if there is a future loss the court
tries to calculate for that now as well. Sometimes see betterment
Quantum of Damages - Answer-Has the aim to put the plaintiff in the position they
would have been in if the tort had never been committed in the first place.
Quantum of Damages criteria - Answer-Building:
- Value-based assessment = Undamaged value - damaged value
- Restoration-based assessment
Chattels:
- Shelf brought > sale price of undamaged Chattel
- Custom > cost of construction substitute
Betterment:
- Replaced/Repaired Asset now better, worth more after
- Defendant must prove betterment
Economic Loss - Answer-Economic loss consequent to damage to property is
recoverable
Loss of chance /right to complete
Duty to mitigate loss - Answer-- The plaintiff has a duty to take steps to lessen the loss
suffered
- The plaintiff needs to take only reasonable steps
- Where steps to mitigate are reasonable, mitigation costs will be recoverable
Apportionment/Contributory Negligence - Answer-Where the person who suffers harm
contribute to their own loss
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