Question 1

Which of the following statements best describes the standard used by the courts to measure socially acceptable behaviour?

Accepted Answer

A)  An average person acting normally 
B)  A careful person acting to the best of his ability 
C)  A reasonably prudent person acting in a careful manner 
D)  The best possible response to the circumstance 
E)  When you cause injury, you are always liable. 
A)  An average person acting normally 
B)  A careful person acting to the best of his ability 
C)  A reasonably prudent person acting in a careful manner 
D)  The best possible response to the circumstance 
E)  When you cause injury, you are always liable.

Question 2

How are professionals treated differently under the rules of negligence?

Accepted Answer

They must live up to the stand

Question 3

In insurance, what do comprehensive policies cover?

Accepted Answer

These policies cover everythin

Question 4

Which of the following is true with respect to the law of tort?

Accepted Answer

A)  With assault and battery, a person can successfully sue only if they can prove damages. 
B)  A negligent person causing physical injury to another is responsible to the full extent of the injury suffered even though the injured person suffered more than would reasonably be expected because of a special weakness. 
C)  A person will always succeed with the defence of self-defence even if he used excessive force. 
D)  A customer battered by an employee on the job can sue only the employee, not the employer, because it was the employee who did the wrong. 
E)  For fair comment to be an effective legal defence to a claim of defamation, the person making the comment must have been made in Parliament or court. 
A)  With assault and battery, a person can successfully sue only if they can prove damages. 
B)  A negligent person causing physical injury to another is responsible to the full extent of the injury suffered even though the injured person suffered more than would reasonably be expected because of a special weakness. 
C)  A person will always succeed with the defence of self-defence even if he used excessive force. 
D)  A customer battered by an employee on the job can sue only the employee, not the employer, because it was the employee who did the wrong. 
E)  For fair comment to be an effective legal defence to a claim of defamation, the person making the comment must have been made in Parliament or court.

Question 5

We owe a duty to anyone we can reasonably anticipate might be harmed by our conduct.

Accepted Answer

A) True 
 B)False

Question 6

There need not be negligence or some other basis for liability on the part of the insured for the insurer to pay out on the policy.

Accepted Answer

A) True 
 B)False

Question 7

The forfeiture rule will not allow a criminal to profit from a crime, but does not affect those claiming through the criminal's estate.

Accepted Answer

A) True 
 B)False

Question 8

Sumanthra, an accountant, prepared financial statements for ZeeTech Ltd. A cutting edge technology company, ZeeTech was actively seeking private investment in order to finance a new electronics device. Despite the fact that Sumanthra followed Generally Accepted Accounting Principles (GAAP) and International Financial Reporting Standards (IFRS), the statements she prepared were misleading. Arif and Alena, both potential investors, relied on the statements Sumanthra had prepared. As a result of their reliance, Arif and Alena both invested in ZeeTech and lost a considerable sum of money. Independently, Arif and Alena decided to sue Sumanthra for their financial loss. Which of the following is true?

Accepted Answer

A)  Sumanthra will not escape liability because accountants are automatically liable for losses arising from the use of financial statements they prepare. 
B)  Sumanthra will not escape liability simply because she followed GAAP and IFRS. 
C)  Sumanthra has nothing to worry about, because an accountant who follows GAAP and IFRS could not have breached the standard of care. 
D)  Sumanthra has nothing to worry about, because accountants are immune from liability. 
E)  Sumanthra has nothing to worry about, because negligence requires proof of more than mere financial loss. 
A)  Sumanthra will not escape liability because accountants are automatically liable for losses arising from the use of financial statements they prepare. 
B)  Sumanthra will not escape liability simply because she followed GAAP and IFRS. 
C)  Sumanthra has nothing to worry about, because an accountant who follows GAAP and IFRS could not have breached the standard of care. 
D)  Sumanthra has nothing to worry about, because accountants are immune from liability. 
E)  Sumanthra has nothing to worry about, because negligence requires proof of more than mere financial loss.

Question 9

Explain what is meant by bonding.

Accepted Answer

Bonding is when a person dealing with an

Question 10

Historically, how did the law treat negligent misstatement differently than negligent misconduct?

Accepted Answer

Negligent misstatement was not

Question 11

Which of the following is correct with respect to the principle of subrogation as it relates to insurance law?

Accepted Answer

A)  Subrogation refers to the insured's right to demand payment from the insurance company if the insured-against event takes place. 
B)  Subrogation refers to the principle that the insured cannot benefit from his own wrongdoing. 
C)  Subrogation refers to the principle that, if the insured does not take out enough insurance, he will be taken to be responsible for a portion of any loss incurred. 
D)  Subrogation refers to the principle that, if an insurance company pays out on a policy, they assume all of the rights of the insured against the person causing the loss. 
E)  Subrogation refers to the practice of the insurance companies taking out their own insurance where the policy involves potentially large losses or high risk. 
A)  Subrogation refers to the insured's right to demand payment from the insurance company if the insured-against event takes place. 
B)  Subrogation refers to the principle that the insured cannot benefit from his own wrongdoing. 
C)  Subrogation refers to the principle that, if the insured does not take out enough insurance, he will be taken to be responsible for a portion of any loss incurred. 
D)  Subrogation refers to the principle that, if an insurance company pays out on a policy, they assume all of the rights of the insured against the person causing the loss. 
E)  Subrogation refers to the practice of the insurance companies taking out their own insurance where the policy involves potentially large losses or high risk.

Question 12

Discuss the role of insurance, especially compulsory insurance, and how it relates to tort law.

Accepted Answer

This is a little more difficult, requiri

Question 13

Hank rented a new ground-floor condominium for four months before the owner offered to sell it to him. Hank accepted the offer. After Hank became the owner, he built a small patio off the living room. At a house-warming party, one of his friends caught the heel of her shoe between some patio bricks and fell, breaking her arm. It took an abnormally long time to heal because she suffered from an unusual bone disease. Hank has heard the following assertions about liability and asks you about them. Which of the following statements is true?

Accepted Answer

A)  The standard of care owed to this visitor is governed by a federal statute and is therefore the same for all provinces. 
B)  Under the governing statute, he owed a duty of care because he now owned the property; he would not have had any duty of care if he had still been renting it. 
C)  He owed no duty of care to persons who came to his place; people must take responsibility to look after themselves. 
D)  The standard of care set by statute is that the occupier has a duty to take reasonable care to see that any guest on the property is reasonably safe. 
E)  If found liable, he would be responsible only for the damages incurred by a normal person who had suffered from such a fall and not for the greater damages actually suffered by this guest. 
A)  The standard of care owed to this visitor is governed by a federal statute and is therefore the same for all provinces. 
B)  Under the governing statute, he owed a duty of care because he now owned the property; he would not have had any duty of care if he had still been renting it. 
C)  He owed no duty of care to persons who came to his place; people must take responsibility to look after themselves. 
D)  The standard of care set by statute is that the occupier has a duty to take reasonable care to see that any guest on the property is reasonably safe. 
E)  If found liable, he would be responsible only for the damages incurred by a normal person who had suffered from such a fall and not for the greater damages actually suffered by this guest.

Question 14

Two real estate agents, pressed for time, stopped at the bakery for some muffins that would suffice as lunch. John bought the muffins and gave one to Mary. They both began to eat the muffins as they hurried to the car. When Mary looked at the muffin she had just bitten, she saw that the raisins had little worms in them. John's muffins were the same-with little worms. Based on these facts, which of the following possibilities is true? (Read each independently from the others.)

Accepted Answer

A)  Since Mary did not buy the muffins, she could not sue in contract, but if she were injured, she could sue in tort. 
B)  Even if Mary was not injured by eating the worms, she could sue the baker of the muffins for nuisance. 
C)  If Mary sued the baker of the muffins or the packer of the raisins, she would have to prove only one thing to win her case-that there were worms in the muffin. 
D)  Mary has a cause of action against the baker of the muffins only if she can prove that the baker used bad raisins on purpose. 
E)  Mary can do nothing since she did not purchase the muffins. 
A)  Since Mary did not buy the muffins, she could not sue in contract, but if she were injured, she could sue in tort. 
B)  Even if Mary was not injured by eating the worms, she could sue the baker of the muffins for nuisance. 
C)  If Mary sued the baker of the muffins or the packer of the raisins, she would have to prove only one thing to win her case-that there were worms in the muffin. 
D)  Mary has a cause of action against the baker of the muffins only if she can prove that the baker used bad raisins on purpose. 
E)  Mary can do nothing since she did not purchase the muffins.

Question 15

Innkeepers at common law were required to protect their guests from the wrongful acts of others, even when the innkeeper or servant was not at fault.

Accepted Answer

A) True 
 B)False

Question 16

Although there was no carelessness on the part of Mr. Tam, and although he had no intention of harming anyone, he could still be sued by someone harmed by dangerous substances that escaped from his property. This is an example of what tort or what principle of tort law?

Accepted Answer

A)  Vicarious liability 
B)  Contributory negligence 
C)  False imprisonment 
D)  Strict liability 
E)  Defamation 
A)  Vicarious liability 
B)  Contributory negligence 
C)  False imprisonment 
D)  Strict liability 
E)  Defamation

Question 17

What is the typical result when spouses have overlapping extended benefits coverage, such as dental and disability?

Accepted Answer

Usually, there is a deductible

Question 18

A surety bond provides assurance that the party to a contract will perform its part of the contract.

Accepted Answer

A) True 
 B)False

Question 19

________ provides only a benefit upon death, and the premiums are lower than whole life insurance, which provides coverage in the event of death as well as investment potential and retirement income.

Accepted Answer

A)  Liability insurance 
B)  Health insurance 
C)  Term insurance 
D)  Death insurance 
E)  Property insurance 
A)  Liability insurance 
B)  Health insurance 
C)  Term insurance 
D)  Death insurance 
E)  Property insurance

Question 20

Explain how the standard of care imposed varies when particular expertise is involved (e.g., a doctor).

Accepted Answer

The reasonable person test really means

Which of the following statements best describes the standard used by the courts to measure socially acceptable behaviour?

How are professionals treated differently under the rules of negligence?

In insurance, what do comprehensive policies cover?

Which of the following is true with respect to the law of tort?

We owe a duty to anyone we can reasonably anticipate might be harmed by our conduct.

There need not be negligence or some other basis for liability on the part of the insured for the insurer to pay out on the policy.

The forfeiture rule will not allow a criminal to profit from a crime, but does not affect those claiming through the criminal's estate.

Explain what is meant by bonding.

Historically, how did the law treat negligent misstatement differently than negligent misconduct?

Which of the following is correct with respect to the principle of subrogation as it relates to insurance law?

Discuss the role of insurance, especially compulsory insurance, and how it relates to tort law.

Innkeepers at common law were required to protect their guests from the wrongful acts of others, even when the innkeeper or servant was not at fault.

Although there was no carelessness on the part of Mr. Tam, and although he had no intention of harming anyone, he could still be sued by someone harmed by dangerous substances that escaped from his property. This is an example of what tort or what principle of tort law?

What is the typical result when spouses have overlapping extended benefits coverage, such as dental and disability?

A surety bond provides assurance that the party to a contract will perform its part of the contract.

________ provides only a benefit upon death, and the premiums are lower than whole life insurance, which provides coverage in the event of death as well as investment potential and retirement income.

Explain how the standard of care imposed varies when particular expertise is involved (e.g., a doctor).

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

Which of the following statements best describes the standard used by the courts to measure socially acceptable behaviour?

How are professionals treated differently under the rules of negligence?

In insurance, what do comprehensive policies cover?

Which of the following is true with respect to the law of tort?

We owe a duty to anyone we can reasonably anticipate might be harmed by our conduct.

There need not be negligence or some other basis for liability on the part of the insured for the insurer to pay out on the policy.

The forfeiture rule will not allow a criminal to profit from a crime, but does not affect those claiming through the criminal's estate.

Explain what is meant by bonding.

Historically, how did the law treat negligent misstatement differently than negligent misconduct?

Which of the following is correct with respect to the principle of subrogation as it relates to insurance law?

Discuss the role of insurance, especially compulsory insurance, and how it relates to tort law.

Innkeepers at common law were required to protect their guests from the wrongful acts of others, even when the innkeeper or servant was not at fault.

Although there was no carelessness on the part of Mr. Tam, and although he had no intention of harming anyone, he could still be sued by someone harmed by dangerous substances that escaped from his property. This is an example of what tort or what principle of tort law?

What is the typical result when spouses have overlapping extended benefits coverage, such as dental and disability?

A surety bond provides assurance that the party to a contract will perform its part of the contract.

________ provides only a benefit upon death, and the premiums are lower than whole life insurance, which provides coverage in the event of death as well as investment potential and retirement income.

Explain how the standard of care imposed varies when particular expertise is involved (e.g., a doctor).

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