Exam 5: Negligence, Professional Liability, and Insurance

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 ________.

Joe entered a store and approached a display of china.He was examining an extremely valuable vase and carelessly dropped it,destroying it.Which of the following is correct with respect to his liability?

Insurance agents owe important obligations to their principals,but do not owe any specific duty to their customers.

A 70-year-old woman,using the escalator at the airport,dropped a glove.When she attempted to pick it up,she lost her balance and fell.As a result of the accident,she suffered a fractured vertebra (spine-bone).In an action by her against the company that had the responsibility of maintaining the escalator,the defendant company would argue which of the following for its best defence?

In which of the following would the plaintiff not succeed in an action for negligence?

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

Pete and John had been hired by the same computer consulting company.They worked a three-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?

Ms.J was severely injured as the result of a fall sustained when a portion of a fence surrounding a private cemetery gave way as she was attempting to climb over to visit a grave site.Which of the following is true with regard to an occupier's liability?

Which of the following statements is correct with respect to bonding?

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

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.

Joe was a customer in Sam's store when he carelessly dropped a very expensive vase,but he was relieved when he found that Sam had insurance to cover the loss.Explain Joe's legal position in these circumstances.

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

In insurance,what do comprehensive policies cover?

To win his action in negligence against a professional person,the plaintiff must prove,among other things,that the defendant's conduct was below an acceptable standard of care.Which of the following is the legal standard of care demanded of a professional person?

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

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?

With respect to limitation clauses in standard form insurance contracts,on what basis do the courts typically interpret clause ambiguity?

The director of the children's zoo,Mr.Watson,was appalled to see an employee,Jake,throwing a pitchfork like a javelin in an area where there were both animals and children.Luckily,no one was hurt.He yelled to Jake to get busy and feed the birds so that the birds would come closer to the children.Jake opened a new sealed bag of feed and threw some to the birds.It happened that the manufacturer of the feed,ordered by Watson,had accidentally mixed some caustic substance with the feed,so that later in the day Jake's hand began to blister badly.Jake sued Watson for negligence because of the burns he suffered; Watson sued Jake for negligence because of the way Jake used the pitchfork.On these facts,which of the following is true?

Raheel wants to sue a manufacturer who he believes was careless during the manufacturing process.What do the courts do to make this easier on people like Raheel?