Exam 5: Negligence, Professional Liability, and Insurance

Where a person owns a half interest in a house valued at $200 000 and has insurance on that property in the amount of $400 000,if the house burns down,causing a loss of $100 000,how much will that person collect?

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 percent of his loss.

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

Mary was driving down the road when Sam came out from a side road,went through a stop sign,and struck the side of her car.Upon later examination of Mary's car,it was determined that the brakes were worn down beyond the point of safety.Sam sued her for negligence.Explain the likely result.

How is negligent misstatement treated in Canada today?

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.

Describe four different types of insurance that a businessperson might obtain in relationship to his business.

Absent a statutory provision to the contrary,parents are not responsible for their children's torts unless there was obvious failure to control,instruct,or supervise.

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

Two real estate agents,pressed for time,stopped at the bakery for some muffins that would suffice as lunch.John bought the muffins and gave one to Mary.They both began to eat the muffins as they hurried to the car.When Mary looked at the muffin she had just bitten,she saw that the raisins had little worms in them.John's muffins were the same-with little worms.Given these facts,which of the following possibilities is true? (Read each independently from the others.)

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?

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?

Discuss how legislation has impacted the field of negligence.

Explain the role of self-governing professional bodies,including a discussion of their disciplinary function.

Distinguish between a fidelity bond and a surety bond.

Which one of the following explains the effect of a co-insurance clause?

Which of the following situations could not result in a successful action for negligence?

Explain what must be established in order to succeed in a negligence action.

Which of the following is correct with respect to the principle of subrogation as it relates to insurance law?