Tort Law

1. Is the but-for test always applied to resolve the issue of causation? Illustrate your answer with an example.

2. What is the basic test for resolving the issue of remoteness? Must the plaintiff prove that a reasonable person would have foreseen both the type of harm that occurred and the manner in which it occurred?

3. When will an intervening act cause a court to find that the plaintiffs loss is too remote?

4. Outline three situations in which the defence of contributory negligence can arise.

5. Outline the steps a business should take to ensure that it will be protected by the defence of voluntary assumption of risk.