Question 1

What is the role of an adjuster?

Accepted Answer

An adjuster values t

Question 2

If a person attempts to help,there is a duty to exercise reasonable care.

Accepted Answer

A) True 
 B)False

Question 3

What is the test used for legal causation?

Accepted Answer

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

Question 4

Explain what is meant by "bonding."

Accepted Answer

Where a person dealing with another pers

Question 5

Indicate why the Donoghue v.Stevenson case (the snail in the ginger beer bottle)was so important in the development of negligence law.

Accepted Answer

Here students should display an understa

Question 6

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?

Accepted Answer

A)  You could sue for the tort of negligence if someone used his property in such a way that it interfered with your use and enjoyment of your property. 
B)  The use of your property is partly governed by the Personal Property Securities Act. 
C)  If you bring something onto your property that is inherently dangerous and it escapes, causing damage to others, you will be liable even if you were very careful and did not intend to harm anyone. 
D)  If there were an accident out front and a car was knocked into your yard, you could sue the driver in that car for trespass. 
E)  Your tenants have no duty to take reasonable steps to make sure that any person is reasonably safe when in their suite. 
A)  You could sue for the tort of negligence if someone used his property in such a way that it interfered with your use and enjoyment of your property. 
B)  The use of your property is partly governed by the Personal Property Securities Act. 
C)  If you bring something onto your property that is inherently dangerous and it escapes, causing damage to others, you will be liable even if you were very careful and did not intend to harm anyone. 
D)  If there were an accident out front and a car was knocked into your yard, you could sue the driver in that car for trespass. 
E)  Your tenants have no duty to take reasonable steps to make sure that any person is reasonably safe when in their suite.

Question 7

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

Accepted Answer

A)  If a person is injured by a defective product that he himself did not purchase, he cannot sue the manufacturer for negligence. 
B)  If the court finds contributory negligence, the defendant has no liability at all. 
C)  If physical injury can be foreseen as the result of a person's actions, the wrongdoer will be not be liable for all the injury suffered. 
D)  A possible defence to the plaintiff's claim of negligence is that the plaintiff volunteered to take the risk. 
E)  The test used to determine whether a duty of care is owed is this: would a person of below-average intelligence foresee that the plaintiff could be affected by the acts of the defendant? 
A)  If a person is injured by a defective product that he himself did not purchase, he cannot sue the manufacturer for negligence. 
B)  If the court finds contributory negligence, the defendant has no liability at all. 
C)  If physical injury can be foreseen as the result of a person's actions, the wrongdoer will be not be liable for all the injury suffered. 
D)  A possible defence to the plaintiff's claim of negligence is that the plaintiff volunteered to take the risk. 
E)  The test used to determine whether a duty of care is owed is this: would a person of below-average intelligence foresee that the plaintiff could be affected by the acts of the defendant?

Question 8

When there is ambiguity in the meaning of a limitation clause in an insurance contract,the courts defer to the party who drafted the contract.

Accepted Answer

A) True 
 B)False

Question 9

Property insurance should correspond to the actual value of the property for all of the following reasons except

Accepted Answer

A)  if the property is insured for more, the insured will pay too high a premium. 
B)  no insurance means no compensation for loss. 
C)  if the property is insured for less, the insured will only receive partial compensation. 
D)  if the property is insured for less, there is a danger of being a co-insurer. 
E)  if the property is insured for more, there will be no compensation for loss. 
A)  if the property is insured for more, the insured will pay too high a premium. 
B)  no insurance means no compensation for loss. 
C)  if the property is insured for less, the insured will only receive partial compensation. 
D)  if the property is insured for less, there is a danger of being a co-insurer. 
E)  if the property is insured for more, there will be no compensation for loss.

Question 10

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?

Accepted Answer

A)  The standard of care is set by a federal statute and is therefore the same for all the provinces. 
B)  An occupier owes a duty only to "licencees." 
C)  There is no duty of care owed to persons who come onto another's property whether invited or not; persons must take responsibility to look after themselves. 
D)  The standard of care imposed on the occupier is set by provincial statute. 
E)  A tenant cannot be liable; only the owner can be sued. 
A)  The standard of care is set by a federal statute and is therefore the same for all the provinces. 
B)  An occupier owes a duty only to "licencees." 
C)  There is no duty of care owed to persons who come onto another's property whether invited or not; persons must take responsibility to look after themselves. 
D)  The standard of care imposed on the occupier is set by provincial statute. 
E)  A tenant cannot be liable; only the owner can be sued.

Question 11

Explain the potential liability faced by professionals,and how the risks associated with such liability can be minimized.

Accepted Answer

Here students are expected to discuss pr

Question 12

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 13

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

Accepted Answer

The standard of care and the relevant ex

Question 14

What test is used to determine the standard of care?

Accepted Answer

To establi

Question 15

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.

Question 16

Because of the North American Free Trade Agreement and increasing world competition,a provincial government decided to help businesses by providing more information about market conditions,currencies,etc.,around the world.It opened small offices throughout the province that provided business information retrieved from the government's database,which was frequently updated.Mr.Hill relied on some information given to him by Alex Chec,an employee of the government.The information was wrong due to Chec's mistake; it was his job to cross-check that information before it was released to the public,but he forgot to do it.Mr.Hill suffered a $15 000 loss because of the error.Which of the following is true?

Accepted Answer

A)  Mr. Hill could not take any action because he suffered no physical injury. The case only deals with information. 
B)  If Mr. Hill sues the government on the principle of vicarious liability, he cannot also sue the employee at fault. 
C)  On these facts, Mr. Hill could sue successfully on the principle of strict liability. 
D)  Mr. Hill could not take any action because he had not entered into a contract with the government for this information. 
E)  To win in an action against the government, Hill must prove that the government owed him a duty of care, fell below the standard of care owed, and thereby caused him a foreseeable loss. 
A)  Mr. Hill could not take any action because he suffered no physical injury. The case only deals with information. 
B)  If Mr. Hill sues the government on the principle of vicarious liability, he cannot also sue the employee at fault. 
C)  On these facts, Mr. Hill could sue successfully on the principle of strict liability. 
D)  Mr. Hill could not take any action because he had not entered into a contract with the government for this information. 
E)  To win in an action against the government, Hill must prove that the government owed him a duty of care, fell below the standard of care owed, and thereby caused him a foreseeable loss.

Question 17

In Cooper v.Hobart,the issue was whether or not the Registrar of Mortgage Brokers owed a duty of care to investors.The Supreme Court of Canada held that

Accepted Answer

A)  there was insufficient proximity to found a duty of care, but that even if there had been a prima facie duty of care, it would have been negated for overriding policy reasons. 
B)  there was insufficient proximity to found a duty of care, but that the Registrar was negligent nonetheless. 
C)  there was insufficient proximity to found a duty of care, but that the investors should be entitled to compensation from the Registrar this notwithstanding. 
D)  the Registrar owed the investors a duty of care, and the tremendous cost to the taxpaying public was irrelevant. 
E)  the Registrar owed the investors a duty of care, but public policy grounds cannot be argued in a civil matter. 
A)  there was insufficient proximity to found a duty of care, but that even if there had been a prima facie duty of care, it would have been negated for overriding policy reasons. 
B)  there was insufficient proximity to found a duty of care, but that the Registrar was negligent nonetheless. 
C)  there was insufficient proximity to found a duty of care, but that the investors should be entitled to compensation from the Registrar this notwithstanding. 
D)  the Registrar owed the investors a duty of care, and the tremendous cost to the taxpaying public was irrelevant. 
E)  the Registrar owed the investors a duty of care, but public policy grounds cannot be argued in a civil matter.

Question 18

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

Accepted Answer

The answer of The principle that we must take our...

Question 19

In which one of the following would Joe be able to collect the entire amount of insurance claimed?

Accepted Answer

A)  Joe insured his law partner's life for $500 000 and the amount he actually lost when the partner died was only $100 000. Joe claims $500 000. 
B)  Joe's house suffers $20 000 damage, and he only had it insured for $100 000, when the actual value was over $250 000. Joe claims $20 000. 
C)  Joe owns a one-half interest in a house valued at $100 000 that is completely destroyed in a fire. The house is insured for that amount and Joe makes a claim for $100 000. 
D)  Joe insured the club house of a Hells Angels motorcycle club located in the next block for $75 000; the house is valued at about that amount. The club house is subsequently destroyed in a fire. Joe claims $75 000. 
E)  Joe took out a life insurance policy on his wife for $500 000, and shortly thereafter, during a fight when he was in a drunken rage, he struck his wife, causing her death. Joe claims $500 000. 
A)  Joe insured his law partner's life for $500 000 and the amount he actually lost when the partner died was only $100 000. Joe claims $500 000. 
B)  Joe's house suffers $20 000 damage, and he only had it insured for $100 000, when the actual value was over $250 000. Joe claims $20 000. 
C)  Joe owns a one-half interest in a house valued at $100 000 that is completely destroyed in a fire. The house is insured for that amount and Joe makes a claim for $100 000. 
D)  Joe insured the club house of a Hells Angels motorcycle club located in the next block for $75 000; the house is valued at about that amount. The club house is subsequently destroyed in a fire. Joe claims $75 000. 
E)  Joe took out a life insurance policy on his wife for $500 000, and shortly thereafter, during a fight when he was in a drunken rage, he struck his wife, causing her death. Joe claims $500 000.

Question 20

Insurable interest means that the insured must have a personal stake or interest in whatever is being insured and can only claim on the insurance to the extent of the value of that interest.

Accepted Answer

A) True 
 B)False

What is the role of an adjuster?

If a person attempts to help,there is a duty to exercise reasonable care.

What is the test used for legal causation?

Explain what is meant by "bonding."

Indicate why the Donoghue v.Stevenson case (the snail in the ginger beer bottle)was so important in the development of negligence law.

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?

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

When there is ambiguity in the meaning of a limitation clause in an insurance contract,the courts defer to the party who drafted the contract.

Property insurance should correspond to the actual value of the property for all of the following reasons except

Explain the potential liability faced by professionals,and how the risks associated with such liability can be minimized.

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

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

What test is used to determine the standard of care?

In Cooper v.Hobart,the issue was whether or not the Registrar of Mortgage Brokers owed a duty of care to investors.The Supreme Court of Canada held that

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

In which one of the following would Joe be able to collect the entire amount of insurance claimed?

Insurable interest means that the insured must have a personal stake or interest in whatever is being insured and can only claim on the insurance to the extent of the value of that interest.

Managing Your Legal Affairs

Introduction to the Legal System

The Resolution of Disputesthe Courts and Alternatives to Litigation

Intentional Torts and Torts Impacting Business

The Elements of a Contractconsensus and Consideration

The Elements of a Contract capacity, Legality, and Intention

Factors Affecting the Contractual Relationship

The End of the Contractual Relationship

Employment

Agency and Partnership

Corporations

Real, Personal, and Intellectual Property

Information Technology and the Internet

Sales and Consumer Protection

Priority of Creditors

Filters

Exam 5: Negligence, Professional Liability, and Insurance

What is the role of an adjuster?

If a person attempts to help,there is a duty to exercise reasonable care.

What is the test used for legal causation?

Explain what is meant by "bonding."

Indicate why the Donoghue v.Stevenson case (the snail in the ginger beer bottle)was so important in the development of negligence law.

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?

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

When there is ambiguity in the meaning of a limitation clause in an insurance contract,the courts defer to the party who drafted the contract.

Property insurance should correspond to the actual value of the property for all of the following reasons except

Explain the potential liability faced by professionals,and how the risks associated with such liability can be minimized.

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

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

What test is used to determine the standard of care?

In Cooper v.Hobart,the issue was whether or not the Registrar of Mortgage Brokers owed a duty of care to investors.The Supreme Court of Canada held that

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

In which one of the following would Joe be able to collect the entire amount of insurance claimed?

Insurable interest means that the insured must have a personal stake or interest in whatever is being insured and can only claim on the insurance to the extent of the value of that interest.

Managing Your Legal Affairs

Introduction to the Legal System

The Resolution of Disputesthe Courts and Alternatives to Litigation

Intentional Torts and Torts Impacting Business

The Elements of a Contractconsensus and Consideration

The Elements of a Contract capacity, Legality, and Intention

Factors Affecting the Contractual Relationship

The End of the Contractual Relationship

Employment

Agency and Partnership

Corporations

Real, Personal, and Intellectual Property

Information Technology and the Internet

Sales and Consumer Protection

Priority of Creditors

Filters