Question 1

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

Question 2

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

Accepted Answer

A)  May was made sick by drinking a contaminated cola, bottled by Black, bought for her by her friend Fred from Green. 
B)  An accounting firm made a mistake in the audited financial statements, which caused an investor to lose $20,000. The firm knew the investor was going to rely on the statements to invest. 
C)  Dr. Zotsky used the skill of a reasonable doctor in that field, but the patient did not respond to the treatment and lost sight in one eye. 
D)  A zoning officer carelessly told Mr. Lee that the lot was zoned "commercial," but it was really zoned "duplex." Lee lost $85,000 by relying on this information. 
E)  Nick was a willing passenger when Alex was driving at 140 km/h. He was hurt when the car slid on the wet pavement and crashed. The court found Nick took the physical risk, but never took the legal risk. 
A)  May was made sick by drinking a contaminated cola, bottled by Black, bought for her by her friend Fred from Green. 
B)  An accounting firm made a mistake in the audited financial statements, which caused an investor to lose $20,000. The firm knew the investor was going to rely on the statements to invest. 
C)  Dr. Zotsky used the skill of a reasonable doctor in that field, but the patient did not respond to the treatment and lost sight in one eye. 
D)  A zoning officer carelessly told Mr. Lee that the lot was zoned "commercial," but it was really zoned "duplex." Lee lost $85,000 by relying on this information. 
E)  Nick was a willing passenger when Alex was driving at 140 km/h. He was hurt when the car slid on the wet pavement and crashed. The court found Nick took the physical risk, but never took the legal risk.

Question 3

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

Accepted Answer

A)  A real estate agent, fed up with his client, punches him in the nose when he changes his mind about selling his condo. 
B)  Nikki accidentally upset a glass table and broke an expensive vase when she yanked on a large cable without checking what was blocking its path. 
C)  A driver, trying to see what a movie crew was doing, accidentally plowed his car into the side of a catering truck. 
D)  When Todd was setting up a tent for a backyard wedding, he fell into a hole and broke his leg. The owner forgot to tell the wedding planner that he had been digging a hole to put in a fish pond. 
E)  An employee of the bank mistakenly wrote to Maria saying that the bank had approved her loan. Relying on that letter, Maria made contracts she could not honour when the bank refused to forward the money. Maria lost $10,000 because of the bank's carelessness. 
A)  A real estate agent, fed up with his client, punches him in the nose when he changes his mind about selling his condo. 
B)  Nikki accidentally upset a glass table and broke an expensive vase when she yanked on a large cable without checking what was blocking its path. 
C)  A driver, trying to see what a movie crew was doing, accidentally plowed his car into the side of a catering truck. 
D)  When Todd was setting up a tent for a backyard wedding, he fell into a hole and broke his leg. The owner forgot to tell the wedding planner that he had been digging a hole to put in a fish pond. 
E)  An employee of the bank mistakenly wrote to Maria saying that the bank had approved her loan. Relying on that letter, Maria made contracts she could not honour when the bank refused to forward the money. Maria lost $10,000 because of the bank's carelessness.

Question 4

Children are not held liable for their torts.

Accepted Answer

A) True 
 B)False

Question 5

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?

Accepted Answer

A)  Under the governing statute, he owed a duty of care because he now owned the property; he would not have had any duty of care if he had still been renting it. 
B)  He owed no duty of care to persons who came to his place; people must take responsibility to look after themselves. 
C)  The standard of care owed to this visitor is governed by a federal statute and is therefore the same for all provinces. 
D)  The standard of care set by statute is that the occupier has a duty to take reasonable care to see that any guest on the property is reasonably safe. 
E)  If found liable, he would be responsible only for the damages incurred by a normal person who had suffered from such a fall and not for the greater damages actually suffered by this guest. 
A)  Under the governing statute, he owed a duty of care because he now owned the property; he would not have had any duty of care if he had still been renting it. 
B)  He owed no duty of care to persons who came to his place; people must take responsibility to look after themselves. 
C)  The standard of care owed to this visitor is governed by a federal statute and is therefore the same for all provinces. 
D)  The standard of care set by statute is that the occupier has a duty to take reasonable care to see that any guest on the property is reasonably safe. 
E)  If found liable, he would be responsible only for the damages incurred by a normal person who had suffered from such a fall and not for the greater damages actually suffered by this guest.

Question 6

Which of the following is true with respect to the law of tort?

Accepted Answer

A)  For fair comment to be an effective legal defence to a claim of defamation, the person making the comment must have been made in Parliament. or court. 
B)  A negligent person causing physical injury to another is responsible to the full extent of the injury suffered even though the injured person suffered more than would reasonably be expected because of a special weakness. 
C)  A customer battered by an employee on the job can sue only the employee, not the employer, because it was the employee who did the wrong. 
D)  With assault and battery, a person can successfully sue only if they can prove damages. 
E)  A person will always succeed with the defence of self-defence even if he used excessive force. 
A)  For fair comment to be an effective legal defence to a claim of defamation, the person making the comment must have been made in Parliament. or court. 
B)  A negligent person causing physical injury to another is responsible to the full extent of the injury suffered even though the injured person suffered more than would reasonably be expected because of a special weakness. 
C)  A customer battered by an employee on the job can sue only the employee, not the employer, because it was the employee who did the wrong. 
D)  With assault and battery, a person can successfully sue only if they can prove damages. 
E)  A person will always succeed with the defence of self-defence even if he used excessive force.

Question 7

What is the role of an adjuster?

Accepted Answer

An adjuster values t

Question 8

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 9

Sam and John drank beer and watched the Olympics for hours. When John left, he did not feel impaired, but the alcohol in his system affected his driving. He lost control of the car, which crashed through Mr. Mitsu's fence and into Mr. Mitsu's garage. Mitsu's neighbour, Mr. Watson, called the police. John was charged with driving while impaired and was found guilty in the criminal proceedings. Given these facts, which of the following is true?

Accepted Answer

A)  Because John was charged with an offence, Mr. Mitsu cannot sue him in a civil action for compensation. One court action is all that is allowed. 
B)  Since no one was physically injured, there could be no civil action. 
C)  Mr. Mitsu could sue John for negligence. 
D)  Mr. Watson, the neighbour, could sue John for negligence. 
E)  If Mr. Mitsu sued John, he would be entitled only to punitive damages. 
A)  Because John was charged with an offence, Mr. Mitsu cannot sue him in a civil action for compensation. One court action is all that is allowed. 
B)  Since no one was physically injured, there could be no civil action. 
C)  Mr. Mitsu could sue John for negligence. 
D)  Mr. Watson, the neighbour, could sue John for negligence. 
E)  If Mr. Mitsu sued John, he would be entitled only to punitive damages.

Question 10

Which of the following situations could result in a successful action for negligence?

Accepted Answer

A)  An employee of the bank mistakenly wrote to Sean saying that the bank had approved his loan. Relying on that letter, Sean made contracts he could not honour when the bank refused to forward the money. Sean lost $10 000 because of the bank's carelessness. 
B)  George deliberately broke an expensive camera when he yanked on a large cable. 
C)  When Eric was setting up the lighting in a backyard rented for a night shoot, he fell into a hole and broke his leg. The owner had previously notified the director that he had been digging a hole to plant an apple tree. 
D)  Dr. Jones used the skill of a reasonable doctor in that field, but the patient did not respond to the treatment and lost sight in one eye. She sued the doctor. 
E)  A doctor, acting in the best interest of his patient Alex (who had lost blood after a serious cut), gave him a transfusion even though Alex told him explicitly not to do so. 
A)  An employee of the bank mistakenly wrote to Sean saying that the bank had approved his loan. Relying on that letter, Sean made contracts he could not honour when the bank refused to forward the money. Sean lost $10 000 because of the bank's carelessness. 
B)  George deliberately broke an expensive camera when he yanked on a large cable. 
C)  When Eric was setting up the lighting in a backyard rented for a night shoot, he fell into a hole and broke his leg. The owner had previously notified the director that he had been digging a hole to plant an apple tree. 
D)  Dr. Jones used the skill of a reasonable doctor in that field, but the patient did not respond to the treatment and lost sight in one eye. She sued the doctor. 
E)  A doctor, acting in the best interest of his patient Alex (who had lost blood after a serious cut), gave him a transfusion even though Alex told him explicitly not to do so.

Question 11

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

Question 12

Does a shareholder have an insurable interest in the assets of a corporation?

Accepted Answer

They do, even though

Question 13

What is the typical result when spouses have overlapping extended benefits coverage, such as dental and disability?

Accepted Answer

Usually, there is a deductible amount th

Question 14

Which of the following is not an appropriate matter for insurance coverage?

Accepted Answer

A)  Insurance against the wrongful conduct of the insured, e.g., theft 
B)  Insurance against fire in a home 
C)  Insurance against loss of life 
D)  Insurance against lost profits 
E)  Insurance against damage to property 
A)  Insurance against the wrongful conduct of the insured, e.g., theft 
B)  Insurance against fire in a home 
C)  Insurance against loss of life 
D)  Insurance against lost profits 
E)  Insurance against damage to property

Question 15

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.

Accepted Answer

A)  If the court holds that Mr. C was contributorily negligent, Mr. C could get no compensation from the defendants. 
B)  Under our Occupiers' Liability Act, a tenant could be liable, not just the land owner. 
C)  The Occupiers' Liability Act in this province provides that an occupier of land owes a duty to take reasonable steps to make sure that any person will be reasonably safe. 
D)  If the court holds that Mr. C voluntarily took the risk, Mr. C will get no award of damages from the defendants. 
E)  To successfully use the defence of volenti no fit injuria (he volunteered to take the risk), the court must find that the plaintiff knew the risk, volunteered to take the risk, and expressly or impliedly waived his right of action. 
A)  If the court holds that Mr. C was contributorily negligent, Mr. C could get no compensation from the defendants. 
B)  Under our Occupiers' Liability Act, a tenant could be liable, not just the land owner. 
C)  The Occupiers' Liability Act in this province provides that an occupier of land owes a duty to take reasonable steps to make sure that any person will be reasonably safe. 
D)  If the court holds that Mr. C voluntarily took the risk, Mr. C will get no award of damages from the defendants. 
E)  To successfully use the defence of volenti no fit injuria (he volunteered to take the risk), the court must find that the plaintiff knew the risk, volunteered to take the risk, and expressly or impliedly waived his right of action.

Question 16

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

Accepted Answer

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

Question 17

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?

Accepted Answer

A)  $100,000 
B)  $50,000 
C)  $400,000 
D)  $200,000 
E)  Nothing 
A)  $100,000 
B)  $50,000 
C)  $400,000 
D)  $200,000 
E)  Nothing

Question 18

The standard of care that is required of a professional in a negligence action is that she acts to the best of her ability.

Accepted Answer

A) True 
 B)False

Question 19

To what does "errors and omissions" insurance refer?

Accepted Answer

This is the name oft

Question 20

Explain how the standard of care imposed varies when particular expertise is involved (e.g., a doctor).

Accepted Answer

The reasonable person test is really the

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

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

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

Children are not held liable for their torts.

Which of the following is true with respect to the law of tort?

What is the role of an adjuster?

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

Which of the following situations could result in a successful action for negligence?

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.

Does a shareholder have an insurable interest in the assets of a corporation?

What is the typical result when spouses have overlapping extended benefits coverage, such as dental and disability?

Which of the following is not an appropriate matter for insurance coverage?

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

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?

The standard of care that is required of a professional in a negligence action is that she acts to the best of her ability.

To what does "errors and omissions" insurance refer?

Explain how the standard of care imposed varies when particular expertise is involved (e.g., a doctor).

Managing Your Legal Affairs

Introduction to the Legal System

The Resolution of Disputes the Courts and Alternatives to Litigation

Intentional Torts

Formation of Contracts

Formation of Contracts Continued

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 Law

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

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

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

Children are not held liable for their torts.

Which of the following is true with respect to the law of tort?

What is the role of an adjuster?

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

Which of the following situations could result in a successful action for negligence?

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.

Does a shareholder have an insurable interest in the assets of a corporation?

What is the typical result when spouses have overlapping extended benefits coverage, such as dental and disability?

Which of the following is not an appropriate matter for insurance coverage?

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

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?

The standard of care that is required of a professional in a negligence action is that she acts to the best of her ability.

To what does "errors and omissions" insurance refer?

Explain how the standard of care imposed varies when particular expertise is involved (e.g., a doctor).

Managing Your Legal Affairs

Introduction to the Legal System

The Resolution of Disputes the Courts and Alternatives to Litigation

Intentional Torts

Formation of Contracts

Formation of Contracts Continued

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