NCA Torts study guide
NCA Torts · Work through your exam, one topic at a time.
The NCA Torts exam is one component of the assessment process run by the National Committee on Accreditation (NCA) of the Federation of Law Societies of Canada. The NCA assesses the legal education and professional experience of individuals who obtained their credentials outside Canada or in a Canadian civil law program, and it applies one standard of evaluation across the country. The NCA Torts study guide has 6 sections and about 2,741 words.
01Negligence: Duty of Care and Breach of the Standard
A negligence claim requires duty, breach, causation of damage, and absence of a recognised defence. Duty is a question of law; breach is a question of fact judged against the standard of the reasonable person.
379 words, about 2 min02Causation
The claimant must show that, but for the defendant's breach, the damage would not have occurred. This 'but for' test is the starting point.
386 words, about 2 min03Remoteness and Defences
The defendant is liable only for damage of a kind that was reasonably foreseeable. The precise manner or extent of the harm need not be foreseeable, and the 'eggshell skull' rule means a defendant takes the victim as found, including unusual vulnerability.
349 words, about 2 min04Negligent Misrepresentation and Pure Economic Loss
Pure economic loss is loss not flowing from physical injury or property damage. As a general rule, it is not recoverable in negligence, because allowing it would expose defendants to indeterminate liability.
349 words, about 2 min05Occupiers' and Employers' Liability
An occupier owes a duty to visitors in respect of dangers due to the state of the premises or things done or omitted on them. The standard is that of the reasonable occupier: the occupier must take such care as is reasonable in all the circumstances.
363 words, about 2 min06Intentional Torts and Defences
Battery is the intentional application of unlawful force. Assault is an act causing a reasonable apprehension of immediate unlawful force.
915 words, about 5 min