Ontario Barrister and Solicitor Practice Exam 2026 - Free Barrister and Solicitor Practice Questions and Study Guide

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Which principle is fundamental to tort law?

A lack of legal representation

A person may be liable for harm caused by their wrongful acts

The fundamental principle of tort law is that a person may be liable for harm caused by their wrongful acts. This concept underscores the basis for holding individuals or entities accountable for the injuries or damages they cause to others through negligent, intentional, or strict liability actions. Tort law exists to provide a remedy to victims when they have suffered harm due to someone else's conduct. This principle is essential to understanding the nature of liability in tort cases, as it connects the act (the wrongful act) to the consequence (the harm or injury), establishing the foundation for claims and legal recourse.

In contrast, while the option concerning a lack of legal representation may influence the ability of a party to navigate the legal system, it does not constitute a fundamental principle of tort law itself. Additionally, the idea that all accidents are negligent is overly simplistic, as not all accidents result from negligent behavior; some may occur due to unforeseen circumstances or acts of God. Finally, the statement that intent does not matter in tort cases is misleading because intent can be very relevant, especially in cases of intentional torts where the nature of the action lends itself to a different standard of liability. Thus, the liability arising from wrongful acts is a key tenet that shapes the practice and principles of tort law

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All accidents are negligent

Intent does not matter in tort cases

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