Exam 5: Negligence, Professional Liability, and Insurance

Joe was a customer in Sam's store when he carelessly dropped a very expensive vase, but he was relieved when he found that Sam had insurance to cover the loss. Explain Joe's legal position in these circumstances.

Ms. J was severely injured as the result of a fall sustained when a portion of a fence surrounding a private cemetery gave way as she was attempting to climb over to visit a grave site. Which of the following is true with regard to an occupier's liability?

With respect to limitation clauses in standard form insurance contracts, on what basis do the courts typically interpret clause ambiguity?

The principle that we must take our victims as we find them is often referred to as ________.

Business interruption insurance is designed to cover which of the following situations?

Indicate under what circumstance the defence of voluntary assumption of risk or volenti will be available.

In order for an insurance agreement not to be declared void as an illegal contract, what must be demonstrated?

Distinguish between a licensee, an invitee, and a trespasser.

Death is inevitable, and so life insurance pay-outs are calculated on the basis of a prediction of how long a person of a certain age and health can be expected to live.

What is the reasonable foreseeability test used for?

In Hall v. Hebert, an individual was severely injured when he allowed his intoxicated friend to drive his car. The Supreme Court of Canada had to deal with whether volenti non fit injuria would apply. What did the Court hold?

A principle established in Donoghue v. Stevenson is the test used to determine the standard of care that must be exercised by the defendant to escape liability.

A reasonable person is one who is prudent and careful.

Describe three different types of insurance that a business person might obtain in relationship to his business.

How is negligent misstatement treated in Canada today?

What is the test used for legal causation?

In determining duty, what kind of factors would the court take into consideration in determining whether the defendant lived up to the standard of a reasonable person?

The standard of care that is required of a professional in a negligence action is that she acts to the best of her ability.

Which of the following is correct with respect to the meaning of an insurable interest?

In which of the following situations will the insured be able to collect the entire amount of the insurance claimed?