Exam 5: Negligence, Professional Liability, and Insurance

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

Discuss the development of legal liability for negligent misstatement and how and why the approach to negligent misstatement differs from the approach to negligent conduct.

Distinguish between a fidelity bond and a surety bond.

Stella bought a cup of coffee at the drive-through window at a coffee shop. Holding the cup between her knees and attempting to take off the lid to add cream, she spilled the coffee. She suffered burns to her thighs. If this happened in Canada, which of the following would be true?

Sam and John drank beer and watched the Olympics for hours. When John left, he did not feel impaired, but the alcohol in his system affected his driving. He lost control of his car, which crashed through Mr. Mitsu's fence and into Mr. Mitsu's garage. Mitsu's neighbour, Mr. Watson, called the police. John was charged with driving while impaired and was found guilty in the criminal proceedings. Given these facts, which of the following is true?

In most Canadian jurisdictions, ________ can be obtained on an individual basis with an insurance corporation, but it is more often acquired by businesses as part of an employee benefits package.

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

Often, a business suffering a loss from a fire will have insurance to cover the property damage, but there will be nothing to cover the revenue losses the business suffers during the period it is closed down for repairs. What form of insurance will cover the latter issue?

To what does "errors and omissions" insurance refer?

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.

You and your friend recently bought a duplex. You rent out the downstairs and live in the upstairs suite. As the owner and occupier, you have acquired certain rights and responsibilities. Which of the following statements about the law relating to land is true?

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 ________.

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

In Mueller v. Wawanesa Insurance Co., insurance had been taken out on a house when it was being used as a residential dwelling. The building was occupied by three members of a motorcycle gang. The insurance company was not notified of the change. What was the result when the house was destroyed by fire?

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.

Al bought a case of beer because his friends were coming over to watch the Grey Cup game. During the game, Al opened a beer, poured about a third of it into Bob's glass, and handed the can to Chuck. Bob noticed the strange orange colour of the beer and called everyone's attention to it; unfortunately, Chuck had drunk most of the beer from the can before he heard Bob. There had been a small battery in the can that contaminated the beer. Chuck was seriously injured. On these facts, which of the following is true?

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

Which of the following situations could result in a successful action for negligence?

Creative Farming Ltd. manufactures fertilizer from organic matter, a by-product of which is explosive methane gas. During the processing, some of this gas escaped and drifted onto the adjacent property, where it caused an explosion and extensively damaged a building owned by XYZ Co. Creative Farming Ltd. would be liable for the loss under which one of the following principles?

What is the role of self-governing professional bodies?