Question 1

In which of the following would the plaintiff not succeed in an action for negligence?

Accepted Answer

A)  A zoning officer carelessly told Mr. Lee that the lot was zoned "commercial," but it was really zoned "duplex." Lee lost $85,000 by relying on this information. 
B)  An accounting firm made a mistake in the audited financial statements, which caused an investor to lose $20,000. The firm knew the investor was going to rely on the statements to invest. 
C)  May was made sick by drinking a contaminated cola, bottled by Black, bought for her by her friend Fred from Green. 
D)  Dr. Zotsky used the skill of a reasonable doctor in his field, but his patient did not respond to the treatment and lost sight in one eye. 
E)  Nick was a willing passenger when Alex was driving at 140 km/h. He was hurt when the car slid on wet pavement and crashed. The court found Nick took the physical risk, but never took the legal risk. 
A)  A zoning officer carelessly told Mr. Lee that the lot was zoned "commercial," but it was really zoned "duplex." Lee lost $85,000 by relying on this information. 
B)  An accounting firm made a mistake in the audited financial statements, which caused an investor to lose $20,000. The firm knew the investor was going to rely on the statements to invest. 
C)  May was made sick by drinking a contaminated cola, bottled by Black, bought for her by her friend Fred from Green. 
D)  Dr. Zotsky used the skill of a reasonable doctor in his field, but his patient did not respond to the treatment and lost sight in one eye. 
E)  Nick was a willing passenger when Alex was driving at 140 km/h. He was hurt when the car slid on wet pavement and crashed. The court found Nick took the physical risk, but never took the legal risk. D

Question 2

In which one of the following would Joe be able to collect the entire amount of insurance claimed?

Accepted Answer

A)  Joe insured his law partner's life for $500,000 and the amount he actually lost when the partner died was only $100,000. Joe claims $500,000. 
B)  Joe's house suffers $20,000 damage, and he only had it insured for $100,000, when the actual value was over $250,000. Joe claims $20,000. 
C)  Joe owns a one-half interest in a house valued at $100,000 that is completely destroyed in a fire. The house is insured for that amount and Joe makes a claim for $100,000. 
D)  Joe insured the club house of a Hell's Angels motorcycle club located in the next block for $75,000; the house is valued at about that amount. The club house is subsequently destroyed in a fire. Joe claims $75,000. 
E)  Joe took out a life insurance policy on his wife for $500,000, and shortly thereafter, during a fight when he was in a drunken rage, he struck his wife, causing her death. Joe claims $500,000. 
A)  Joe insured his law partner's life for $500,000 and the amount he actually lost when the partner died was only $100,000. Joe claims $500,000. 
B)  Joe's house suffers $20,000 damage, and he only had it insured for $100,000, when the actual value was over $250,000. Joe claims $20,000. 
C)  Joe owns a one-half interest in a house valued at $100,000 that is completely destroyed in a fire. The house is insured for that amount and Joe makes a claim for $100,000. 
D)  Joe insured the club house of a Hell's Angels motorcycle club located in the next block for $75,000; the house is valued at about that amount. The club house is subsequently destroyed in a fire. Joe claims $75,000. 
E)  Joe took out a life insurance policy on his wife for $500,000, and shortly thereafter, during a fight when he was in a drunken rage, he struck his wife, causing her death. Joe claims $500,000. A

Question 3

Which of the following statements with regard to the tort of negligence is false?

Accepted Answer

A)  If a person is injured by a defective product that he himself did not purchase, he can sue the manufacturer for negligence. 
B)  To win his negligence case, the plaintiff must prove that the defendant owed him a duty of care, was below the standard of care the law requires, and thus caused him foreseeable damage. 
C)  In most provinces, the standard of care imposed on an occupier has been modified by statute. 
D)  For a person to completely escape liability for negligence on the grounds that the plaintiff volunteered to take the risk, the court would have to find that the plaintiff volunteered to accept the physical risk and the legal consequences as well. 
E)  In negligence cases, the special provision of res ipsa loquitor must always be applied in order to establish liability. 
A)  If a person is injured by a defective product that he himself did not purchase, he can sue the manufacturer for negligence. 
B)  To win his negligence case, the plaintiff must prove that the defendant owed him a duty of care, was below the standard of care the law requires, and thus caused him foreseeable damage. 
C)  In most provinces, the standard of care imposed on an occupier has been modified by statute. 
D)  For a person to completely escape liability for negligence on the grounds that the plaintiff volunteered to take the risk, the court would have to find that the plaintiff volunteered to accept the physical risk and the legal consequences as well. 
E)  In negligence cases, the special provision of res ipsa loquitor must always be applied in order to establish liability. E

Question 4

What is the reasonable person test used for?

Accepted Answer

To determi

Question 5

Often, a business suffering a loss from a fire will have insurance to cover the property damage, but there will be nothing to cover the revenue losses the business suffers during the period it is closed down for repairs. What form of insurance will cover the latter issue?

Accepted Answer

A)  liability insurance 
B)  disability insurance 
C)  business interruption insurance 
D)  property insurance 
E)  professional liability insurance 
A)  liability insurance 
B)  disability insurance 
C)  business interruption insurance 
D)  property insurance 
E)  professional liability insurance

Question 6

________ is the type of insurance most closely associated with torts.

Accepted Answer

A)  Liability insurance 
B)  Business interruption insurance 
C)  Disability insurance 
D)  Property insurance 
E)  Umbrella insurance 
A)  Liability insurance 
B)  Business interruption insurance 
C)  Disability insurance 
D)  Property insurance 
E)  Umbrella insurance

Question 7

Discuss how legislation has impacted in the field of negligence.

Accepted Answer

Here students would be expected to give

Question 8

Paul invited several friends over to celebrate Ann's birthday. About an hour before the guests arrived, Paul bought some sparkling wine and put it in his refrigerator. When all the guests were assembled, Paul lifted the chilled bottle of wine from its gift box. Before it was completely out of the box, the bottle exploded, sending glass in all directions. The glass cut Paul's hand and also the eye of one of his guests, Joan. No one else was hurt at all. Assuming all these facts could be proved, which of the following is true?

Accepted Answer

A)  Because Joan did not buy the wine, she has no cause of action against anyone. 
B)  Joan could sue Paul successfully for the tort of negligence for buying and serving sparkling wine. 
C)  All the guests, including Joan, could successfully sue the manufacturer for negligence; they need only prove that the explosion was the fault of the manufacturing process. 
D)  If Joan sued the manufacturer for negligence, the court could draw, from the circumstantial evidence of the injury, a conclusion that someone must have been negligent, leaving it to the manufacturer to produce evidence to the contrary. 
E)  Only Joan has a right to sue in contract. 
A)  Because Joan did not buy the wine, she has no cause of action against anyone. 
B)  Joan could sue Paul successfully for the tort of negligence for buying and serving sparkling wine. 
C)  All the guests, including Joan, could successfully sue the manufacturer for negligence; they need only prove that the explosion was the fault of the manufacturing process. 
D)  If Joan sued the manufacturer for negligence, the court could draw, from the circumstantial evidence of the injury, a conclusion that someone must have been negligent, leaving it to the manufacturer to produce evidence to the contrary. 
E)  Only Joan has a right to sue in contract.

Question 9

Tom is complaining about the carelessness of his neighbour and asks you if you think he could sue him for negligence and win. Explain what a plaintiff must prove in order to sue successfully for the tort of negligence and have the defendant pay 100% of his loss.

Accepted Answer

Tom would have to prove that a duty was

Question 10

What is the role of self-governing professional bodies?

Accepted Answer

Typically, these bodies have varying deg

Question 11

A recent innovation in the insurance industry is ________ where several types of liability are bundled together, allowing the insured higher limits of coverage for a more economical premium.

Accepted Answer

A)  liability insurance 
B)  business interruption insurance 
C)  term insurance 
D)  umbrella liability 
E)  bundled liability insurance 
A)  liability insurance 
B)  business interruption insurance 
C)  term insurance 
D)  umbrella liability 
E)  bundled liability insurance

Question 12

Business interruption insurance covers the policy-holder when an unforeseen event causes a business to permanently cease operation.

Accepted Answer

A) True 
 B)False

Question 13

Children are not held liable for their torts.

Accepted Answer

A) True 
 B)False

Question 14

No-fault personal liability automobile insurance is an attempt to distribute losses among the most accident-prone drivers.

Accepted Answer

A) True 
 B)False

Question 15

A fidelity bond is when the employee pays the employer a fee to cover themselves while they are on the job.

Accepted Answer

A) True 
 B)False

Question 16

To what does "errors and omissions" insurance refer?

Accepted Answer

This is the name oft

Question 17

The institution of no-fault insurance programs in some jurisdictions allows people to be compensated for their injuries only if they are not at fault.

Accepted Answer

A) True 
 B)False

Question 18

At common law, a mother owes a duty of care to an unborn child.

Accepted Answer

A) True 
 B)False

Question 19

Discuss the development of legal liability for negligent misstatement and how and why the approach to negligent misstatement differs from the approach to negligent conduct.

Accepted Answer

Here students are expected to demonstrat

Question 20

Does liability vary with age? Explain.

Accepted Answer

While a standard does not dimi

In which of the following would the plaintiff not succeed in an action for negligence?

In which one of the following would Joe be able to collect the entire amount of insurance claimed?

Which of the following statements with regard to the tort of negligence is false?

What is the reasonable person test used for?

Often, a business suffering a loss from a fire will have insurance to cover the property damage, but there will be nothing to cover the revenue losses the business suffers during the period it is closed down for repairs. What form of insurance will cover the latter issue?

________ is the type of insurance most closely associated with torts.

Discuss how legislation has impacted in the field of negligence.

Tom is complaining about the carelessness of his neighbour and asks you if you think he could sue him for negligence and win. Explain what a plaintiff must prove in order to sue successfully for the tort of negligence and have the defendant pay 100% of his loss.

What is the role of self-governing professional bodies?

A recent innovation in the insurance industry is ________ where several types of liability are bundled together, allowing the insured higher limits of coverage for a more economical premium.

Business interruption insurance covers the policy-holder when an unforeseen event causes a business to permanently cease operation.

Children are not held liable for their torts.

No-fault personal liability automobile insurance is an attempt to distribute losses among the most accident-prone drivers.

A fidelity bond is when the employee pays the employer a fee to cover themselves while they are on the job.

To what does "errors and omissions" insurance refer?

The institution of no-fault insurance programs in some jurisdictions allows people to be compensated for their injuries only if they are not at fault.

At common law, a mother owes a duty of care to an unborn child.

Discuss the development of legal liability for negligent misstatement and how and why the approach to negligent misstatement differs from the approach to negligent conduct.

Does liability vary with age? Explain.

Managing Your Legal Affairs

Introduction to the Legal System

The Resolution of Disputes: the Courts and Alternatives to Litigation

Intentional Torts and Torts Impacting Business

The Elements of a Contract: Consensus and Consideration

The Elements of a Contract: Capacity, Legality, and Intention

Factors Affecting the Contractual Relationship

The End of the Contractual Relationship

Agency and Partnership

Corporations

Employment

Intellectual Property

Real and Personal Property and Protection of the Environment

Priority of Creditors

Sales and Consumer Protection

Filters

Exam 5: Negligence, Professional Liability, and Insurance

In which of the following would the plaintiff not succeed in an action for negligence?

In which one of the following would Joe be able to collect the entire amount of insurance claimed?

Which of the following statements with regard to the tort of negligence is false?

What is the reasonable person test used for?

Often, a business suffering a loss from a fire will have insurance to cover the property damage, but there will be nothing to cover the revenue losses the business suffers during the period it is closed down for repairs. What form of insurance will cover the latter issue?

________ is the type of insurance most closely associated with torts.

Discuss how legislation has impacted in the field of negligence.

Tom is complaining about the carelessness of his neighbour and asks you if you think he could sue him for negligence and win. Explain what a plaintiff must prove in order to sue successfully for the tort of negligence and have the defendant pay 100% of his loss.

What is the role of self-governing professional bodies?

A recent innovation in the insurance industry is ________ where several types of liability are bundled together, allowing the insured higher limits of coverage for a more economical premium.

Business interruption insurance covers the policy-holder when an unforeseen event causes a business to permanently cease operation.

Children are not held liable for their torts.

No-fault personal liability automobile insurance is an attempt to distribute losses among the most accident-prone drivers.

A fidelity bond is when the employee pays the employer a fee to cover themselves while they are on the job.

To what does "errors and omissions" insurance refer?

The institution of no-fault insurance programs in some jurisdictions allows people to be compensated for their injuries only if they are not at fault.

At common law, a mother owes a duty of care to an unborn child.

Discuss the development of legal liability for negligent misstatement and how and why the approach to negligent misstatement differs from the approach to negligent conduct.

Does liability vary with age? Explain.

Managing Your Legal Affairs

Introduction to the Legal System

The Resolution of Disputes: the Courts and Alternatives to Litigation

Intentional Torts and Torts Impacting Business

The Elements of a Contract: Consensus and Consideration

The Elements of a Contract: Capacity, Legality, and Intention

Factors Affecting the Contractual Relationship

The End of the Contractual Relationship

Agency and Partnership

Corporations

Employment

Intellectual Property

Real and Personal Property and Protection of the Environment

Priority of Creditors

Sales and Consumer Protection

Filters