Exam 5: Negligence, Professional Liability, and Insurance Law

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?

Which of the following statements describes the standard expected of experts?

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

An insurable interest refers to the fact that the insurance company has to have been paid a premium so that they have an interest in the contract.

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

A seven-year-old boy followed his dog into Mr. Howe's backyard. He fell into a large hole dug by Mr. Howe in preparation for a tree that had been ordered. The boy broke his arm in the fall. At the hospital, the boy was treated by a doctor employed there for four years. The doctor did not set the boy's arm because he made a mistake in reading the x-ray. Because the arm was not treated correctly, it healed improperly. When the boy kept complaining, his mother took him to their family doctor, who discovered the error. The boy had to have his arm rebroken so that it could be set properly. On these facts, which of the following is true?

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?

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 ________.

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

Harry operated a game farm in the suburbs of a large city. He had taken all reasonable precautions to keep the animals, some of which were dangerous, within the confines of that game farm. One night, a group of protesters came onto the property, releasing all the animals as an act of protest against the incarceration of such wild creatures. One of the animals, a cougar, went onto a neighbour's property and killed a pet dog before it could be destroyed. That neighbour sued Joe. Explain his likelihood of success.

Joe was driving his automobile when Sam came from a side street and went through a stop sign without stopping, almost causing an accident. Joe swerved to avoid Sam and was successful in doing so. He wrote down Sam's licence number and sued Sam for his negligent driving. Indicate the expected result.

The forfeiture rule will not allow a criminal to profit from a crime, but does not affect those claiming through the criminal's estate.

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

For his Superbowl Sunday party, Jack bought, among other things, some Francisco mustard. Even before the game began, one of the guests, Fred, made himself a sandwich using that mustard. When Fred saw another guest, Tad, making a sandwich with that mustard, Fred warned him that the sandwich did not taste right and that he (Fred) didn't feel too well. Tad ate everything else on his plate, but left the sandwich. Fred became quite ill and had to go to the hospital. It was determined that the mustard was contaminated when it was made. Jack had bought the mustard just an hour before game time from Big Store, which had bought it from DB Distributors Ltd., which had bought it from the manufacturer New Foods Ltd. On these facts, which of the following is true?

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

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

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

An employee prepared an appraisal of a property for his real-estate development company. The employee had been told that the appraisal would be used by the company to attract a potential investor, Mr. Jones, for the company's client, Mr. Lee. Because the appraiser carelessly forgot to check the recent changes in the zoning by-laws, the appraisal was not accurate. Mr. Jones was misled about the value of the land and suffered a financial loss of $20,000. On these facts, which of the following is true?

What is the test used for physical causation?