Exam 5: Negligence, Professional Liability, and Insurance

The occurrences of professional malpractice actions have decreased dramatically in recent years, due largely to the increased availability of liability insurance.

Give three examples where tort standards have been modified by legislation.

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

What is the last clear chance doctrine?

What is the "but for" test used for?

For his Superbowl Sunday party, Jack bought, among other things, some Francisco mustard. Even before the game began, one of the guests, Fred, made himself a sandwich using that mustard. When Fred saw another guest, Tad, making a sandwich with the mustard, Fred warned him that the sandwich did not taste right and that he (Fred) didn't feel too well. Tad ate everything else on his plate, but left the sandwich. Fred became quite ill and had to go to the hospital. It was determined that the mustard was contaminated when it was made. Jack had bought the mustard just an hour before game time from Big Store, which had bought it from DB Distributors Ltd., which had bought it from the manufacturer New Foods Ltd. On these facts, which of the following is true?

With regard to the law of negligence, which of the following is false?

Joe entered a store and approached a display of china. He was examining an extremely valuable vase and carelessly dropped it, destroying it. Which of the following is correct with respect to his liability?

What is the role of an adjuster?

What is the test used for physical causation?

Indicate why the Donoghue v. Stevenson case (the snail in the ginger beer bottle) was so important in the development of negligence law.

An insurable interest refers to the fact that the insurance company has to have been paid a premium so that they have an interest in the contract.

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

Joe owned a house that would cost $200,000 to replace. He took out an insurance policy for only $100,000, reasoning that any damage that would take place would likely be under that amount. In fact, there was a fire and the total loss was $50,000. Indicate what problems Joe might run into when he tries to collect.

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.

When the Court recognizes pre-existing frailties and the award of damages aims at restoring the plaintiff to that position, we say the Court is applying ________.

What test is used to establish a duty of care?

What is the forfeiture rule?

What elements must be established in order to succeed in a negligence action?

Property insurance should correspond to the actual value of the property for all of the following reasons except