Exam 5: Negligence, Professional Liability, and Insurance

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?

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.

Explain the standard of care that must be imposed on the occupier of a property toward a visitor on that property in your province.

Tom is complaining about the carelessness of his neighbour and asks you if you think he could sue him for negligence and win. Explain what a plaintiff must prove in order to sue successfully for the tort of negligence and have the defendant pay 100% of his loss.

Last month, Rueben removed a tall tree in his backyard. He left the large hole because he intended to plant a new tree when the rains began. Sunday, he invited his neighbour, Joe, to come over to watch the Olympics. When Joe came, he cut through the backyard and fell into the hole and broke his arm. Which of the following is true with regard to the liability of an occupier of land?

What test is used to establish a duty of care?

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?

Joe, a concert pianist, was walking down the street when he was struck by Harry, a careless skate boarder. Joe was knocked down and crushed his hand. When Joe sued Harry for his negligence, claiming the loss of income from his profession (he could never play the piano again), Harry countered with the defence that there was no way he could have anticipated that the person he was going to hit was a concert pianist. Explain his likelihood of success in raising this defence.

Because of the devastating losses and injuries associated with automobile collisions, what have many provinces done?

Joe was drunk and driving his car. When he saw Sam on the side of the road hitch-hiking, he opened the door and offered Sam a lift. Sam got in despite the fact that he could smell alcohol on Joe's breath. Subsequently, Joe was in as accident, in which Sam was injured. Sam has sued Joe for negligence. Indicate what likely defence Joe would use in these circumstances and whether it would be successful.

What is the "but for" test used for?

Celebrating the end of the fall term, Mr. C had already drunk six beers before he arrived with his friends at the Spoke Tavern, run by the student council. After he had two more beers, he was refused more and told he would be asked to leave if he did have more. He returned to the table and continued to drink. He was ordered to leave. While being escorted out, he resisted but was ejected. He snuck back in, "spoiling for a fight," and was removed once more. He returned, and when pushed through the doorway, he stumbled. His hand went through a small window, and he had to undergo surgery to repair a tendon in his wrist. Mr. C sued the tavern, the bouncer, and the student council (as operators of the tavern) under the Occupiers' Liability Act. Read each of the following separately and indicate which is False.

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

Does liability vary with age? Explain.

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