Free NCA Torts Examination Practice Questions

Sample Practice Questions

Try these 10 sample questions from the NCA Torts Examination practice bank. Each includes the answer and explanation. Continue with the interactive practice above to review the full question set.

1. 1How did the rules of the common-law tradition principally develop?

   1. A.Through judicial decisions that serve as precedentsCorrect answer: A
   2. B.Through comprehensive codes replacing earlier judgments
   3. C.Through executive regulations that bind legislatures
   4. D.Through private agreements binding later litigants

   Explanation: The source states: "Common law evolved into a system of rules based on precedent." Judges use earlier decisions to guide later similar disputes. A comprehensive code describes the civil-code approach; executive regulation is delegated legislation; private agreements do not bind unrelated later litigants.

   Reference: Department of Justice Canada — Where our legal system comes from — The common-law tradition

2. 2For an intentional tort, what is the significance of the defendant's ignorance that the intended physical consequences violate another person's legal rights?

   1. A.It does not by itself negate the required intentionCorrect answer: A
   2. B.It changes an intentional act into an involuntary one
   3. C.It establishes the plaintiff's implied consent to the act
   4. D.It makes proof of the defendant's legal training necessary

   Explanation: The source states: "It is not necessary for defendants to realize that these intended consequences are in fact an infringement of the legal rights of others." Intention concerns the intended physical consequences. Ignorance of their legal character does not make the act involuntary, establish consent or require proof of legal training.

   Reference: Non-Marine Underwriters, Lloyd's of London v. Scalera, 2000 SCC 24 — [2000] 1 S.C.R. 551, p. 605

3. 3A neighbour's persistent smoke seriously interferes with an occupier's comfort, but does not physically damage the land. How does the absence of physical damage affect a private nuisance claim?

   1. A.It restricts the occupier to injunctive relief rather than damages
   2. B.It prevents any private nuisance claim from succeeding
   3. C.It does not itself defeat the private nuisance claimCorrect answer: C
   4. D.It requires proof of negligence to replace the missing physical loss

   Explanation: Antrim states: "Nuisance may take a variety of forms and may include not only actual physical damage to land but also interference with the health, comfort or convenience of the owner or occupier". Serious interference with comfort can qualify without damage to land. That absence does not automatically bar the claim, restrict relief to injunctions or add negligence as a substitute element. The other nuisance requirements still apply.

   Reference: Antrim Truck Centre Ltd. v. Ontario (Transportation), 2013 SCC 13 — para. 23

4. 4Where precedent is inconclusive, which consideration is central to Bazley v. Curry's approach to an employer's vicarious liability for an employee's unauthorized intentional wrong?

   1. A.Whether employment merely supplied the time and place for the wrong
   2. B.Whether the employer authorized the particular tortious act itself
   3. C.Whether the enterprise significantly created or enhanced the risk that produced the wrongCorrect answer: C
   4. D.Whether the employer exercised reasonable care in hiring the employee

   Explanation: The Court states: "Vicarious liability is generally appropriate where there is a significant connection between the creation or enhancement of a risk and the wrong that accrues therefrom, even if unrelated to the employer’s desires." The enterprise-risk connection is central. Mere time and place do not suffice; authorization of the particular tort is not required; careful hiring addresses the employer's own negligence rather than supplying the risk-connection test.

   Reference: Bazley v. Curry, [1999] 2 S.C.R. 534 — para. 41

5. 5How is the ordinary negligence standard assessed when no special standard applies?

   1. A.By the defendant's sincere personal view of acceptable care
   2. B.By the care of an ordinary reasonable and prudent person in the same circumstancesCorrect answer: B
   3. C.By whether the defendant achieved a completely risk-free outcome
   4. D.By the care the injured person would personally have preferred

   Explanation: The source states: "a person must exercise the standard of care that would be expected of an ordinary, reasonable and prudent person in the same circumstances." This is an objective contextual standard. Sincere belief and the claimant's preference do not control it, and reasonable care does not guarantee elimination of all risk.

   Reference: Ryan v. Victoria (City), [1999] 1 S.C.R. 201 — para. 28

6. 6What framework generally determines whether a Canadian government official owes a duty of care in negligence, subject to applicable statutory or common-law exceptions?

   1. A.A negligence duty based on foreseeability alone, without examining proximity
   2. B.A duty arising automatically from the official's statutory power to act
   3. C.The Anns/Cooper framework, accounting for established and novel dutiesCorrect answer: C
   4. D.A duty confined to citizens for whom the official expressly agreed to act

   Explanation: Marchi states: "In Canada, the Anns/Cooper test provides a unifying framework to determine when a duty of care arises under the wide rubric of negligence law, including for allegations of negligence against government officials." The framework respects established duties and analyzes foreseeability and proximity for novel claims, with applicable policy limits. Foreseeability alone and possession of statutory power do not automatically suffice; an express personal undertaking is not invariably necessary.

   Reference: Nelson (City) v. Marchi, 2021 SCC 41 — para. 16

7. 7A driver negligently damages a neighbour's fence. A civil court orders payment of the reasonable repair cost. Which function does that award primarily perform?

   1. A.Punishing the driver for an offence against society
   2. B.Compensating the neighbour for the property lossCorrect answer: B
   3. C.Requiring the driver to surrender a profit from wrongdoing
   4. D.Preventing future conduct through a restraining order

   Explanation: The source states: "Private law settles disputes among groups of people and compensates victims, as in the example of the fence." Payment for repair addresses the injured person's loss. Punishment, gain-based recovery and an injunction serve different purposes and do not describe reimbursement of the repair cost.

   Reference: Department of Justice Canada — What is the law? — Public law and private law

8. 8Several people establish liability for the same intentional tort but prove different degrees of resulting injury. What should ordinarily guide their individual compensatory awards?

   1. A.A uniform tariff based only on the name of the tort
   2. B.An assessment based on each claimant's proven injuryCorrect answer: B
   3. C.An assessment based on the defendant's gain from the wrong
   4. D.A sum based on the blameworthiness of the defendant's conduct

   Explanation: Barker states: "He made specific findings about the harm suffered by each respondent." It then concludes: "It cannot be said that the trial judge ignored these findings of facts in assessing compensatory damages for the six respondents." Different proven injuries call for individual compensatory assessment. A tariff based only on the tort ignores those differences; gains concern disgorgement and blameworthiness concerns punishment rather than the measure of injury compensation.

   Reference: Barker v. Barker, 2022 ONCA 567 — para. 244

9. 9What must be established about interference with the claimant's use or enjoyment of land for private nuisance?

   1. A.That the interference is both substantial and unreasonableCorrect answer: A
   2. B.That the interference was both foreseeable and preventable
   3. C.That the interference was both intentional and malicious
   4. D.That the interference caused physical damage of lasting duration

   Explanation: Antrim states: "the interference with the owner’s use or enjoyment of land must be both substantial and unreasonable." Non-trivial interference must also be unreasonable in the circumstances. Foreseeability and preventability do not replace that nuisance test; malice is not essential; substantial interference need not involve lasting physical damage.

   Reference: Antrim Truck Centre Ltd. v. Ontario (Transportation), 2013 SCC 13 — para. 19

10. 10How does vicarious liability differ from a claim that an employer negligently hired or supervised an employee?

    1. A.Vicarious liability requires proof that the employer negligently selected the employee
    2. B.Vicarious liability can apply without proving the employer's own faultCorrect answer: B
    3. C.Vicarious liability requires proof that the employer negligently supervised the employee
    4. D.Vicarious liability requires proof that the employer personally directed the tortious act

    Explanation: Bazley describes responsibility "imposed in the absence of fault of the employer." Negligent hiring and negligent supervision are forms of the employer's direct fault; personal direction is also not required for vicarious liability. The employee's wrong and the required employment connection must still be proved.

    Reference: Bazley v. Curry, [1999] 2 S.C.R. 534 — para. 1