Exam 5: Negligence, Professional Liability, and Insurance Law

In Canada, in order for a manufacturer to be held liable for injury caused by his product to an ultimate consumer, what must be shown?

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.

Joe, a concert pianist, was walking down the street when he was struck by Harry, a careless skate boarder, knocking him down and crushing his hand. When Joe sued Harry for his negligence, claiming the loss of income from his profession (he could never play the piano again), Harry countered with the defence that there is no way he could have anticipated that the person he was going to hit was a concert pianist. Explain his likelihood of success raising this defence.

A principle established in Donoghue v. Stevenson is the test used to determine the standard of care that must be exercised by the defendant to escape liability.

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.

Discuss the development of legal liability for negligent misstatement, and how and why the approach to negligent misstatement differs from the approach to negligent conduct.

In Hodgkinson v. Simms, an accountant advised a client to invest in a real estate development while also acting for the developers. What did the Supreme Court of Canada find?

Business interruption insurance is designed to cover which of the following situations?

Discuss how legislation has impacted in the field of negligence.

What is the reasonable foreseeability test used for?

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?

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

Distinguish between a licensee, an invitee, and a trespasser.

What is the remoteness test used for?

People who see a child drowning have no duty in tort law to resue that child, unless a particular relationship existed. This is an example of:

Ms. Lam bought a lot next to a house owned by Mr. Dodson. She asked Mr. Dodson for permission to use his electricity while building a house on her property. He refused. He feared his house was too old to handle the electricity load needed. Later, a carpenter employed by Ms. Lam accidentally broke a window of Mr. Dodson's while moving lumber. Furthermore, the carpenter removed part of Dodson's fence to make room for needed materials, used Dodson' house to support the lumber and drove some nails into Dodson's tree to hold some wires. Dodson complained to Ms. Lam. Irritated by his stand on the electricity and his complaints, Lam began a civil action against him for the tort of defamation, although she had absolutely no grounds for alleging defamation. Which of the following is not supported by the facts given above?

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

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

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

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?