Question 1

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

Accepted Answer

A) True 
 B)False

Question 2

Discuss how legislation has impacted in the field of negligence.

Accepted Answer

Here students would be expected to give

Question 3

A person has to prove only that another caused his injury to succeed in a negligence action.

Accepted Answer

A) True 
 B)False

Question 4

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 5

A seven-year-old boy followed his dog into Mr. Howe's backyard. He fell into a large hole dug by Mr. Howe in preparation for a tree that had been ordered. The boy broke his arm in the fall. At the hospital, the boy was treated by a doctor who had been employed there for four years. The doctor did not set the boy's arm because he made a mistake in reading the x-ray. Because the arm was not treated correctly, it healed improperly. When the boy kept complaining, his mother took him to their family doctor, who discovered the error. The boy had to have his arm rebroken so that it could be set properly. Based on these facts, which of the following is true?

Accepted Answer

A)  The owner of the land owed no duty of care to the boy because the boy was a trespasser. 
B)  The case law that developed over hundreds of years on the duty of care owed by occupiers of land has priority over any subsequent legislation on the point. 
C)  The doctor owed a duty of care to the boy, but he only had to meet the standard of care expected of the average man. 
D)  The hospital, not the doctor, would be solely liable for any harm suffered due to the negligence. 
E)  In an action against the land owner, if the boy were found to be partially at fault for his injury, the court would apportion the award of damages as it apportioned the fault. 
A)  The owner of the land owed no duty of care to the boy because the boy was a trespasser. 
B)  The case law that developed over hundreds of years on the duty of care owed by occupiers of land has priority over any subsequent legislation on the point. 
C)  The doctor owed a duty of care to the boy, but he only had to meet the standard of care expected of the average man. 
D)  The hospital, not the doctor, would be solely liable for any harm suffered due to the negligence. 
E)  In an action against the land owner, if the boy were found to be partially at fault for his injury, the court would apportion the award of damages as it apportioned the fault.

Question 6

Which of the following statements describes the standard expected of experts?

Accepted Answer

A)  Require skills and abilities expected of an average person. 
B)  Must exercise skill with degree of care expected from a reasonable person in that profession. 
C)  Inexperience excuses incompetence. 
D)  Common practice always sets the appropriate standard. 
E)  The standard of an expert need be perfection. 
A)  Require skills and abilities expected of an average person. 
B)  Must exercise skill with degree of care expected from a reasonable person in that profession. 
C)  Inexperience excuses incompetence. 
D)  Common practice always sets the appropriate standard. 
E)  The standard of an expert need be perfection.

Question 7

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

Accepted Answer

A)  If the court finds that the plaintiff was 40% and the defendant 60% responsible for the loss suffered by the plaintiff, the plaintiff cannot recover the 40% from the defendant. 
B)  Some occupiers' liability acts set the standard of care owed by the occupier, namely, to take reasonable care that any person is reasonably safe. 
C)  To win his action in negligence, a plaintiff must prove, among other things, that the defendant owed the plaintiff a duty of care. 
D)  If you hurt someone and are sued for negligence, a possible defence is that you didn't intend to hurt the person. 
E)  If you are negligent and cause damage to another, a possible defence is that the other voluntarily took the risk. 
A)  If the court finds that the plaintiff was 40% and the defendant 60% responsible for the loss suffered by the plaintiff, the plaintiff cannot recover the 40% from the defendant. 
B)  Some occupiers' liability acts set the standard of care owed by the occupier, namely, to take reasonable care that any person is reasonably safe. 
C)  To win his action in negligence, a plaintiff must prove, among other things, that the defendant owed the plaintiff a duty of care. 
D)  If you hurt someone and are sued for negligence, a possible defence is that you didn't intend to hurt the person. 
E)  If you are negligent and cause damage to another, a possible defence is that the other voluntarily took the risk.

Question 8

Which of the following is not an appropriate matter for insurance coverage?

Accepted Answer

A)  Insurance against lost profits 
B)  Insurance against fire in a home 
C)  Insurance against the wrongful conduct of the insured, e.g., theft 
D)  Insurance against loss of life 
E)  Insurance against damage to property 
A)  Insurance against lost profits 
B)  Insurance against fire in a home 
C)  Insurance against the wrongful conduct of the insured, e.g., theft 
D)  Insurance against loss of life 
E)  Insurance against damage to property

Question 9

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?

Accepted Answer

A)  Since Mr. Britt was not physically injured, he could not sue. 
B)  Mr. Watson, the neighbour, could successfully sue John for negligence. 
C)  Pete could sue John for negligence, but if the court held that Pete volunteered to take the physical and legal risk (volenti non fit injuria), Pete would get no award of damages. 
D)  The principle of vicarious liability is relevant here because John was an employee at the time of the accident. John was charged with an offence; no one could sue him in a civil action for compensation. 
E)  One court action is all that is allowed. 
A)  Since Mr. Britt was not physically injured, he could not sue. 
B)  Mr. Watson, the neighbour, could successfully sue John for negligence. 
C)  Pete could sue John for negligence, but if the court held that Pete volunteered to take the physical and legal risk (volenti non fit injuria), Pete would get no award of damages. 
D)  The principle of vicarious liability is relevant here because John was an employee at the time of the accident. John was charged with an offence; no one could sue him in a civil action for compensation. 
E)  One court action is all that is allowed.

Question 10

What is the test used for legal causation?

Accepted Answer

The answer of What is the test used for legal...

Question 11

In Canada, under what circumstances will the owner of property be held strictly liable for his conduct?

Accepted Answer

Where he brings something inhe

Question 12

Some jurisdictions have instituted "no fault" insurance programs. Which of the following statements is true?

Accepted Answer

A)  Under common law, if a person is not at fault, damages can always be recovered in tort. 
B)  No fault insurance means no compensation for loss. 
C)  No fault insurance assumes there is a voluntary assumption of risk. 
D)  There is always an assumption of contributory negligence under no fault insurance programs. 
E)  Under no fault programs, people are treated the same and compensated for their injuries whether they are at fault or not. 
A)  Under common law, if a person is not at fault, damages can always be recovered in tort. 
B)  No fault insurance means no compensation for loss. 
C)  No fault insurance assumes there is a voluntary assumption of risk. 
D)  There is always an assumption of contributory negligence under no fault insurance programs. 
E)  Under no fault programs, people are treated the same and compensated for their injuries whether they are at fault or not.

Question 13

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) 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

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.

Accepted Answer

A) True 
 B)False

Question 16

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

Accepted Answer

A) True 
 B)False

Question 17

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

Accepted Answer

Negligent misstatement was not

Question 18

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

Accepted Answer

1. A duty of care owed to the

Question 19

What is the remoteness test used for?

Accepted Answer

The answer of What is the remoteness test used for?...

Question 20

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.

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

Discuss how legislation has impacted in the field of negligence.

A person has to prove only that another caused his injury to succeed in a negligence action.

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

Which of the following statements describes the standard expected of experts?

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

Which of the following is not an appropriate matter for insurance coverage?

What is the test used for legal causation?

In Canada, under what circumstances will the owner of property be held strictly liable for his conduct?

Some jurisdictions have instituted "no fault" insurance programs. Which of the following statements is true?

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.

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

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.

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

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

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

What is the remoteness test used for?

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

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

Discuss how legislation has impacted in the field of negligence.

A person has to prove only that another caused his injury to succeed in a negligence action.

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

Which of the following statements describes the standard expected of experts?

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

Which of the following is not an appropriate matter for insurance coverage?

What is the test used for legal causation?

In Canada, under what circumstances will the owner of property be held strictly liable for his conduct?

Some jurisdictions have instituted "no fault" insurance programs. Which of the following statements is true?

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.

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

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.

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

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

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

What is the remoteness test used for?

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