Exam 5: Negligence, Professional Liability, and Insurance Law

You and your friend recently bought a duplex. You rent out the downstairs and live in the upstairs suite. As the owner and occupier, you have acquired certain rights and responsibilities. Which of the following statements about the law relating to land is true?

A seventy-year-old woman, using the escalator at the airport, dropped a glove. When she attempted to pick it up, she lost her balance and fell. As a result of the accident, she suffered a fractured vertebra (back-bone). In an action by her against the company that had the responsibility of maintaining the escalator, the defendant company would argue which of the following for its best defence?

The principle that we must take our victims as we find them is often referred to as ________.

Insurance agents owe important obligations to their principals, but do not owe any specific duty to their customers.

Last month, Rueben removed a tall tree in his backyard. He left the large hole because he intended to plant a new tree when the rains began. Sunday, he invited his neighbour, Joe, to come over to watch the Olympics. When Joe came, he cut through the backyard and fell into the hole and broke his arm. Which of the following is true with regard to the liability of an occupier of land?

Explain under what circumstances the defence of remoteness can be used as a defence in a negligence action.

If a person attempts to help, there is a duty to exercise reasonable care.

Mr. Reasoner was looking out his livingroom window and saw his next-door neighbour, Jon Bon, trying to burn leaves. Bon threw gasoline on the damp leaves, and when he lit a match, there was an explosion that sent flames in every direction. Luckily, no one was around, and the flame that shot onto Reasoner's property caused no harm whatsoever. Reasoner was upset by this carelessness and sued Bon for negligence. Which of the following is the best argument for the defendant Bon?

In Heitsman v. Canadian Premier Life Insurance Co., an insurance company denied coverage on the basis of an ambiguous exclusion of liability clause. What did the Court find?

Explain what is meant by the "reasonable person" test.

Because of the devastating losses and injuries associated with automobile collisions, what have many provinces done?

What is the "but for" test used for?

In insurance, what do comprehensive policies cover?

What is the last clear chance doctrine?

Joe was drunk and driving his car. When he saw Sam on the side of the road hitch-hiking, he opened the door and offered Sam a lift. Sam got in despite the fact that he could smell alcohol on Joe's breath. Subsequently, Joe was in as accident, in which Sam was injured. Sam has sued him for negligence. Indicate what likely defence Joe would use in these circumstances and whether it would be successful.

A reasonable person is one who is prudent and careful.

Although there was no carelessness on the part of Mr. Tam, and although he had no intention of harming anyone, he could still be sued by someone harmed by dangerous substances that escaped from his property. This is an example of what tort or what principle of tort law?

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

As a result of careless driving, Mr. Boz accidentally knocked Mr. Alder, a seventy-year-old man, off his bike. Mr. Alder broke his arm and collar bone. Because of a rare disease, there was little likelihood that the breaks would heal properly, if at all. In effect, unlike most who would suffer those breaks, he lost the use of his right arm. Mr. Alder sued Boz for negligence. The court held Boz liable. With regard to the question of the amount of damages to be paid by the defendant, which of the following is correct?

Explain what is meant by bonding.