Exam 5: Negligence, Professional Liability, and Insurance Law

In determining duty, what kind of factors would the court take into consideration in determining whether the defendant lived up to the standard of a reasonable person?

In which of the following situations will the insured be able to collect the entire amount of the insurance claimed?

Explain the standard of care that must be imposed on the occupier of the property toward a visitor on that property in your province.

With regard to the law of negligence, which of the following is false?

Joe owned a house that would cost $200,000 to replace. He took out an insurance policy for only $100,000, reasoning that any damage that would take place would likely be under that amount. In fact, there was a fire and the total loss was $50,000. Indicate what problems Joe might run into when he tries to collect.

Once it has paid out on the loss, an insurance company can step into the shoes of the insured and pursue a claim against the person who caused the loss.

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.

Historically, how did the law treat negligent misstatement differently than negligent misconduct?

Pete and John had been hired by the same computer consulting company. They worked a 3-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?

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

The institution of no fault insurance programs in some jurisdictions allows people to be compensated for their injuries only if they are not at fault.

Distinguish between a fidelity bond and a surety bond. ESSAY. Write your answer in the space provided or on a separate sheet of paper.

In Hall v. Hebert, an individual was severely injured when he allowed his intoxicated friend to drive his car. The Supreme Court of Canada had to deal with whether volenti non fit injuria would apply. What did the Court hold?

Explain the potential liability faced by professionals, and how the risks associated with such liability can be minimized.

What is the role of self-governing professional bodies?

The occurrences of professional malpractice actions have decreased dramatically in recent years, due largely to the increased availability of liability insurance.

In order for an insurance agreement not to be declared void as an illegal contract, what must be demonstrated?

Business interruption insurance covers the policy-holder when an unforeseen event causes a business to permanently cease operation.

Describe three different types of insurance that a business person might obtain in relationship to his business.

Stella bought a cup of coffee at the drive-through window at a coffee-shop. Holding the cup between her knees and attempting to take off the lid to add cream, she spilled the coffee. She suffered burns to her thighs. If this happened in Canada, which of the following is true?