Exam 5: Negligence, Professional Liability, and Insurance

Jones bought insurance on a house when it was being used as his residential dwelling. He subsequently rented out the building to three members of a motorcycle gang. The insurance company was not notified of the change. What would be the result if the house is destroyed by fire?

Raheel wants to sue a manufacturer who he believes was careless during the manufacturing process. What do the courts do to make this easier on people like Raheel?

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

In Hodgkinson v. Simms, an accountant advised a client to invest in a real estate development while also acting for the developers. What did the Supreme Court of Canada find?

Most insurance contracts require insured parties to maintain certain safety and security standards to protect themselves against the risk of fire and theft.

If a person is injured while attempting to rescue someone, he or she may have a claim against the person who caused the situation that endangered the victim and the rescuer.

Identify and describe two (2) defences available in a negligence claim. Provide an example of each.

Pete and John had been hired by the same computer consulting company. They worked a 3-hour shift and walked to a pub, where they had several beers. John said he'd drive Pete home. Pete knew John had been drinking but agreed to go with him anyway. The alcohol affected John's driving. He lost control of the car, which crashed through Mr. Britt's fence and Britt's garage. Pete was injured. John was not injured. Britt's neighbour, Mr. Watson, called the police. John was charged with the offence of driving while impaired and was found guilty in the criminal proceedings. Given these facts, which of the following is true?

Which of the following statements does not describe the standard expected of experts?

As a result of careless driving, Mr. Boz accidentally knocked Mr. Alder, a seventy-year-old man, off his bike. Mr. Alder broke his arm and collar bone. Because of a rare disease, there was little likelihood that the breaks would heal properly, if at all. In effect, unlike most who would suffer those breaks, he lost the use of his right arm. Mr. Alder sued Boz for negligence. The court held Boz liable. With regard to the question of the amount of damages to be paid by the defendant, which of the following is correct?

Because of the devastating losses and injuries associated with automobile collisions, what have many provinces done?

Insurable interest means that the insured must have a personal stake or interest in whatever is being insured.

Explain the role of self-governing professional bodies, including a discussion of their disciplinary function.

Strict liability means that liability can be established even when there is no fault.

When Joan visited her friend Clive, who was renting a small farm in Langley, she was injured by some dangerous cleaning solvent that Clive stores in very large quantities for Soapo Ltd. The solvent had leaked from one of several massive 1000-litre drums. When Joan had walked toward the side door of the farmhouse, she stepped through a puddle of what turned out to be solvent. The solvent not only ruined her shoes, but also burned her skin when some splashed onto her legs. The solvent also drained down into the fish pond on the adjacent property owned by the Nelsons. Read each of the following separately and indicate which is true.

Explain the importance of the distinction between an invitee, licensee, and trespasser.

Explain what is meant by the "reasonable person" test.

Where a person owns a half interest in a house valued at $200,000 and has insurance on that property in the amount of $400,000, if the house burns down, causing a loss of $100,000, how much will that person collect?

In which of the following cases is a legal duty not owed?

Distinguish between a fidelity bond and a surety bond.