47. A structural engineer overlooks a design load issue that a reasonably competent engineer should have caught. Damage results.
What is the central tort issue?
A. Breach of
standard of care
B. Trespass to land
C. Defamation
D. Lien priority
Ans. A
48. A consultant provides inaccurate information in a
report, and the client relies on it to make a costly decision.
This most directly raises:
A. Tortious
misrepresentation
B. Product liability only
C. Criminal conspiracy
D. Successor employer law
Ans. A
49. A contractor claims a design professional owed no duty
because there was no contract between them.
What is the best response?
A. No contract
means no duty ever
B. Tort duties can exist without contract
C. Only owners can sue in negligence
D. Duty depends only on insurance
Ans. B
50. An engineer fails to warn of a known safety hazard
during commissioning, and a worker is injured.
What tort concept is most relevant?
A. Duty to warn
B. Frustration
C. Offer and acceptance
D. Patent infringement
Ans A
Q. Which of the following is not
an element required to prove negligence?
a) Duty of care
b) Breach of contract
c) Proximate cause
d) Loss or damage
Answer:
b) Breach of contract
Explanation
Why
the other options are incorrect?
(a) Duty of care
→ Incorrect
A duty of care is essential in a
negligence claim. It means that the defendant had a legal obligation to act in
a reasonable manner to avoid causing harm to others. If there is no duty of
care, a negligence claim cannot succeed.
(c) Proximate cause
→ Incorrect
Proximate cause means that the
defendant’s breach of duty directly led to the plaintiff’s harm. It establishes
the link between the defendant’s actions and the plaintiff’s loss. If there is
no causal connection, negligence cannot be proven.
(d) Loss or damage
→ Incorrect
In negligence claims, the plaintiff
must demonstrate that they suffered actual harm or damage due to the
defendant’s breach of duty. If no damage occurs, even if there was a duty and a
breach, there is no valid claim.
Why
is (b) "Breach of contract" the correct answer?
Negligence is a tort, not a contractual
dispute. While a breach of contract happens when one party fails to fulfill
contractual obligations, negligence does not require a contract between the
parties. Instead, negligence is based on a duty of care that exists regardless
of a contract.
Negligence Claim
Q.What must a defendant prove to defeat
a negligence claim?
a) That the plaintiff suffered loss
b) That the defendant had good intentions
c) That at least one element of negligence is missing
d) That the plaintiff signed a contract waiving liability
Answer:
c) That at least one element of negligence is missing
Explanation
The four elements of
negligence that a plaintiff must prove to succeed in a negligence claim are:
Duty of care
– The defendant owed a legal duty to the plaintiff.
Breach of duty
– The defendant failed to meet the required standard of care.
Causation (Proximate cause)
– The defendant’s breach directly caused the plaintiff’s harm.
Loss or damage
– The plaintiff suffered actual harm (financial, physical, or otherwise).
Q. Which of the following is the first
element that must be established in a negligence claim?
a) Proximate cause
b) Duty of care
c) Breach of duty
d) Loss or damage
Answer: (b) Duty of care
Explanation: A plaintiff must first prove that the defendant owed them a
duty of care before showing any breach, causation, or damage.
Q. What does "breach of duty" mean in a
negligence claim?
a) The defendant failed to meet the
standard of care expected in the situation
b) The defendant intentionally caused harm
c) The defendant violated a contract
d) The defendant refused to pay damages
Answer: (a) The defendant failed to
meet the standard of care expected in the situation
Explanation: Breach of duty occurs when the defendant does not act with
the level of care that a reasonable person would under similar circumstances.
Q. In a negligence claim, what does
"proximate cause" refer to?
a) The defendant's breach directly
caused the plaintiff’s harm
b) The plaintiff’s injury was expected to happen at some point
c) The defendant was physically close to the plaintiff at the time of the
incident
d) The plaintiff could have prevented the injury
Answer: (a) The defendant's breach
directly caused the plaintiff’s harm
Explanation: Proximate cause means there is a direct connection between
the defendant's negligent act and the plaintiff’s injury.
Q. A negligence claim will fail if the plaintiff cannot prove which of the following?
a) That the defendant owed them
money
b) That they suffered actual loss or damage
c) That the defendant had prior criminal records
d) That the plaintiff was not at fault
Answer: (b) That they suffered
actual loss or damage
Explanation: Even if there was a duty of care, a breach, and proximate
cause, a negligence claim fails if the plaintiff cannot show actual harm.
Q. Why is duty of care considered the least settled area of negligence law?
a) Because it varies based on jurisdiction
b) Because professionals only
owe a duty to their direct clients [only is the red flag]
c) Because it depends on foreseeability and who is affected by the defendant’s
actions
d) Because courts rarely consider duty of care in negligence cases
Answer:
c) Because it depends on foreseeability and who is affected by the defendant’s
actions
Explanation:
duty of care is not always clearly defined and
varies depending on the specific circumstances of each case. Courts determine
whether a duty of care exists based on:
Foreseeability
– Whether the defendant could have reasonably predicted that their actions
might cause harm to someone.
Who is affected
– Whether the plaintiff is someone who was directly or indirectly impacted by
the defendant’s actions.
For example, in Donoghue v.
Stevenson (1932), the court ruled that a manufacturer owed a duty of care
to a consumer who did not directly buy the product but was still affected by
it.
This concept makes duty of care
one of the least settled areas of negligence law because courts must decide on
a case-by-case basis who qualifies as a foreseeable plaintiff and whether
a duty of care was owed.
3. Which of the following is an
exception to the general rule barring pure economic loss claims?
A) Negligent misrepresentation
B) Delays caused by project managers
C) Lost profits due to market fluctuations
D) Claims based on purely aesthetic defects in a building
Note: The Question: “Which of the following is an exception to the general rule barring pure economic loss claims?”
That means:“In what kind of
situation would the court allow someone to claim compensation for
financial loss, even though normally they can’t?”
Correct Answer:
A) Negligent misrepresentation
Explanation: Here's why the other options in Question 3 are incorrect:
B) Delays caused by project managers → Incorrect
While delays may cause financial loss to a contractor, they do not qualify as an exception to the general rule barring pure economic loss claims. Courts typically do not allow negligence claims for financial losses due to work stoppages or project delays.
Note: the courts expect them to handle it through contract law, not negligence.So, if a worker’s mistake or an engineer’s error causes a delay, courts will often say:
“This is a contract issue, not a negligence issue.”
And the claim will be rejected under negligence law.
Note: A project is delayed and people lose money, the court usually says:
“You should have covered that risk in your contract (through contract law)— not through a negligence lawsuit.”
So the court does not allow the negligence claim and tells the parties to rely on their contracts to sort out who pays for the delay.
C) Lost profits due to market fluctuations → Incorrect
Lost profits from market changes are purely financial losses with no connection to negligence or misrepresentation. Courts do not allow recovery for such losses under tort law.
D) Claims based on purely aesthetic defects in a building → Incorrect
The Supreme Court of Canada has explicitly excluded negligence claims for purely aesthetic defects in buildings. Economic losses related to aesthetics alone are not an exception to the rule barring pure economic loss claims.
Correct Answer: A) Negligent misrepresentation
More explanation:
Negligent misrepresentation is an exception to the general rule barring pure economic loss claims because it involves a false statement made carelessly, which leads someone to suffer financial harm.
Breaking
it Down:
Negligence
→ A person (e.g., a professional) fails to take reasonable care when providing
information.
Misrepresentation
→ The person provides false or misleading information, even if they did
not intend to deceive.
Financial Loss
→ The other party relies on this incorrect information and suffers
economic harm as a result.
Why
Is It an Exception?
Most economic losses cannot be
recovered through negligence claims, but negligent misrepresentation is
different because:
It creates a direct link
between the wrongful statement and the financial harm.
The person making the statement owes
a duty of care to provide accurate information.
Example:
An engineer incorrectly tells a
contractor that a specific construction method meets safety standards.
The contractor relies on this information and spends money following the
method. Later, regulators reject it, causing financial loss. The contractor may
sue for negligent misrepresentation, even though there was no physical
damage or injury.
Expert Evidence
2. Who usually provides expert
evidence to establish whether the defendant’s conduct met the standard of care
in a negligence lawsuit?
A) The judge overseeing the case
B) The defendant's colleagues from other professions
C) An expert witness who practices the same profession as the defendant
D) The plaintiff’s lawyer
Correct Answer:
C) An expert witness who practices the same profession as the defendant
Sec. 12.3 Proximity Cause
1. What is the "but for"
test used to determine?
A) Whether the defendant acted negligently
B) Whether the loss or damage would have occurred without the defendant's
action
C) Whether the defendant was liable for the damages
D) Whether the defendant caused the result beyond a reasonable doubt
Correct Answer: B) Whether the loss
or damage would have occurred without the defendant's action
Explanation: The correct answer is B, and here’s why C is not correct—this is a subtle but important distinction in tort law.
🔍 What the “but for” test actually does
The “but for” test comes from Tort Law, specifically the concept of factual causation.
👉 It asks:
“But for the defendant’s act, would the damage have occurred?”
· If NO → causation is established
· If YES → no factual causation
✅ Why B is correct
B) Whether the loss or damage would have occurred without the defendant's action
This is literally the definition of the “but for” test.
It focuses purely on cause-in-fact, not liability as a whole.
❌ Why C is NOT correct
C) Whether the defendant was liable for the damages
This is too broad and legally inaccurate.
Liability requires multiple elements:
To establish liability in tort, you must prove:
1. Duty of care
2. Breach of duty
3. Causation (this is where the “but for” test applies)
4. Damage
5. Remoteness (legal causation)
👉 The “but for” test addresses only one element:
➡️
factual causation
It does NOT determine liability by itself
⚖️ Key distinction (important for exams)
· “But for” test → causation only
· Liability → full legal conclusion (all elements combined)
So choosing C would incorrectly suggest:
that causation alone = liability ❌
🚫 Why the other options are wrong (quickly)
· A → relates to breach/negligence, not causation
· D → “beyond a reasonable doubt” is from criminal law, not tort
🧠 Exam tip
If you see:
· “but for” → think causation
· “liable” → think entire negligence framework
Duty of Care
Who may still be able to sue for
physical loss or injury if they are not barred by workers’ compensation
statutes?
A) Contractors and subcontractors
B) Workers and consultants
C) Third parties not involved in the construction process
D) Design professionals and employers
Correct Answer:
C) Third parties not involved in the construction process
Explanation: Here's why the other options in Question 3 are incorrect:
A) Contractors and subcontractors → Incorrect
Contractors and subcontractors are directly involved in the construction process. Since workers’ compensation laws typically bar lawsuits against those involved in construction, they cannot usually sue for physical loss or injury.
B) Workers and consultants → Incorrect
Workers are generally barred from suing due to workers’ compensation laws. Consultants (such as design professionals) may also be registered as employers under the statute, which could prevent lawsuits against them.
D) Design professionals and employers → Incorrect
Design professionals and employers are often protected by workers' compensation laws or contractual limitations, preventing them from being sued by injured workers in many cases.
Correct Answer: C) Third parties not involved in the construction process
Since they are not part of the construction process, third parties are not covered by the same legal protections. If they suffer physical loss or injury and can prove reasonable foreseeability, they may have the right to sue.
4. Why might a court choose not to
hold a contractor liable for negligence despite a strict legal analysis
suggesting a duty of care exists?
A) The contractor was unaware of the defects.
B) The purchaser knowingly accepted the defects and later resold the property
without disclosure.
C) The contractor was protected under workers’ compensation laws.
D) The contractor fixed the defects before the property was sold.
Correct Answer:
B) The purchaser knowingly accepted the defects and later resold the
property without disclosure.
Explanation: Even if, from a strict legal standpoint, a duty of care exists between a contractor and a property purchaser, courts sometimes apply policy-based limitations to avoid outcomes they see as unfair or contrary to justice.
In this scenario, if the purchaser
knew about the defects and still accepted them, then later resold
the property without disclosing those defects, the court may decide not
to hold the contractor liable — even though a technical duty of care could
be established.
Why?
Courts often consider “policy
reasons” (see Notes) in negligence cases, such as:
Preventing unjust enrichment
(the purchaser shouldn’t profit from selling a defective property they knew
about).
Promoting fair dealing and
honesty in property transactions.
Avoiding double recovery
(where a purchaser could recover damages despite having already passed on the
problem to someone else).
So, while a duty of care
might exist in theory, the court can decide that, as a matter of policy,
it would be unfair or unreasonable to impose liability.
Why
the Other Options Are Incorrect
A) The contractor was unaware of the
defects.
❌ Negligence doesn’t depend on awareness
— it’s based on what a reasonable contractor should have known or done.
C) The contractor was protected
under workers’ compensation laws.
❌ Workers’ compensation applies to employee
injury claims, not to negligence toward property owners or purchasers.
D) The contractor fixed the defects
before the property was sold.
❌ If the defects were properly fixed,
there would be no harm or loss to claim — so this situation wouldn’t
require a policy-based exception.
In
Summary
A court might refuse to hold the
contractor liable because the purchaser acted dishonestly or unfairly —
by knowingly accepting and reselling a defective property.
That’s why option (B) is correct: it reflects a policy-based
limitation on negligence liability.
Note: policy reasons
Simple Meaning
Sometimes, even if the law technically says a contractor could be responsible (because a duty of care exists), the court might decide it’s not fair to make them pay — based on common-sense fairness rules, called policy reasons.
Those
policy reasons mean:
Preventing unfair profit:
If the buyer knew the house had problems but sold it anyway for
full price, they shouldn’t get money from the contractor too. That would be
like getting paid twice.
Encouraging honesty:
Courts want people to be honest in property sales. If a buyer hides
defects from the next buyer, the court won’t reward that dishonesty.
Avoiding double payment:
If the first buyer already passed the problem (and the cost) to someone else,
it wouldn’t make sense for them to also get compensation from the
contractor.
In
short:
Even if the contractor technically
owed a duty, the court can say:
“It wouldn’t be fair to hold them
liable in this situation.”
That’s why fairness — not just the
strict law — matters in negligence cases.
Burden of Proof
f barricades
5.
Correct What is the burden of
proof required to determine causation in a negligence case?
A) Beyond a reasonable doubt
B) Preponderance of the evidence
C) Clear and convincing evidence
D) Balance of probabilities
Answer: D) Balance of
probabilities
Another explanation
✅
Correct Answer: B — Preponderance of
the evidence
Explanation:
In a civil negligence case,
including professional negligence (as covered in Section 12.3 – Proximate
Cause), the required burden of proof is “on the balance of
probabilities,” also known as a “preponderance of the evidence.”
This means the plaintiff must prove
that it is more likely than not (i.e., > 50%) that the defendant’s
negligence caused the harm.
Let’s break down each option:
A)
Beyond a reasonable doubt
❌ Incorrect — This is the criminal
law standard.
It requires near certainty (about 95–99% confidence).
Civil negligence uses a much lower threshold — we’re not proving guilt, just probable
responsibility.
B)
Preponderance of the evidence
✅ Correct — This is the
standard in civil cases, including negligence.
It means that, when all evidence is considered, the claim is more likely
true than not true.
In practice: If the scales tip even slightly toward the plaintiff, causation
is proven.
C)
Clear and convincing evidence
⚠️ Partially correct in special
cases only, but ❌ not for negligence.
This is a higher standard used in limited civil matters (e.g., fraud,
professional discipline).
It’s stricter than “preponderance” but less strict than “beyond reasonable
doubt.”
D)
Balance of probabilities
✅ Equivalent to B — Preponderance of the
evidence.
These two phrases mean the same thing — “more likely than not.”
In NPPE or legal usage, “balance of probabilities” is the preferred Canadian
term.
Summary
Table
|
Option |
Standard Type |
Context |
Correct? |
|
A |
Beyond a reasonable doubt |
Criminal law |
❌ |
|
B |
Preponderance of the evidence |
Civil negligence |
✅ |
|
C |
Clear and convincing evidence |
Certain civil/fraud cases |
❌ |
|
D |
Balance of probabilities |
Equivalent to B (civil standard) |
✅ (same concept) |
In short:
➡️
Negligence cases require proof on the balance of probabilities —
that the harm was more likely than not caused by the defendant’s
negligence.
6.What is the burden of proof
required in civil claims for causation?
A) Beyond a reasonable doubt
B) Clear and convincing evidence
C) Preponderance of the evidence
D) Balance of probabilities
Correct Answer: D) Balance of
probabilities
Note: Balance of probabilities” is the burden of proof required in
civil claims, . Then how the question (5) become: 'What is the burden of proof
required to determine causation in a negligence case, instead of civil case?'
Explanation: You're correct to
notice the subtle difference in phrasing, and I understand your concern.
The section mentions that "Balance of probabilities"
is the burden of proof required in civil claims,
and it does not specifically mention the burden of proof for determining
causation in a negligence case.
However, negligence cases are a type of civil claim, so the statement
about "balance of probabilities" in the context of civil claims
naturally applies to negligence cases as well.
The phrasing of the question "What is the burden of proof required to
determine causation in a negligence case?" still remains
appropriate because:
Negligence cases
are civil claims, and the burden of
proof in civil claims, including negligence cases, is balance of probabilities.
The focus of the question on causation in a negligence case
is simply an application of the broader concept (civil claims) to the specific
context of negligence.
If you want to make the question a
bit more precise, you could rephrase it to be more general or specific. Here
are two alternative phrasings:
"What is the
burden of proof required in civil claims, such as a negligence case?"
"What is the
burden of proof required to determine causation in a civil claim?"
Both would be equally valid. The
original question is still correct, but these alternatives may help clarify the
connection to civil claims more explicitly.
6. In criminal cases, what is the
standard of proof for establishing causation?
A) Balance of probabilities
B) Preponderance of the evidence
C) Beyond a reasonable doubt
D) Clear and convincing evidence
Correct Answer: C) Beyond a
reasonable doubt
7. What does the "balance of
probabilities" mean in a civil case?
A) The evidence is certain
B) The defendant is more likely than not responsible for the damages
C) The defendant's guilt must be proven beyond a reasonable doubt
D) The evidence must be clear and convincing
Correct Answer: B) The defendant is
more likely than not responsible for the damages
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