Question 1

Explain what is meant by an insurable interest.

Accepted Answer

An insurable interest is an interest tha

Question 2

Explain what is meant by an insurable interest and how the existence of this principle impacts on the right to collect on an insurance claim.

Accepted Answer

Discussion: One of the most important as

Question 3

Distinguish between misfeasance and nonfeasance.

Accepted Answer

Nonfeasance involves a person failing to

Question 4

At common law, a mother owes a duty of care to an unborn child.

Accepted Answer

A) True 
 B)False

Question 5

What is the test used for legal causation?

Accepted Answer

The answer of What is the test used for legal...

Question 6

How is negligent misstatement treated in Canada today?

Accepted Answer

The case of Haig vs. Bamford e

Question 7

When Joan visited her friend Clive, who was renting a small farm in Langly, she was injured by some dangerous cleaning solvent that Clive stores in very large quantities for Soapo Ltd. The solvent had leaked from just one of the massive 1000-litre drums. When she had walked toward the side door of the farmhouse, she stepped through a puddle of what turned out to be solvent. The solvent not only ruined her shoes, but also burned the skin when some splashed onto her legs. The solvent also drained down into the fish pond on the adjacent property owned by the Nelsons. Read each of the following separately and indicate which is true.

Accepted Answer

A)  If the Nelsons sued on the rule in Rylands v. Fletcher, the defendant could succeed by showing that there was no intention to harm anyone and reasonable care had been taken to contain the solvent. 
B)  If the Nelsons sue for any loss, they would not succeed against Clive because he is just the tenant of the farm, not the owner. 
C)  If the Nelsons sued on the rule in Rylands v. Fletcher, they are barred from also pleading negligence as an alternative cause of action. 
D)  If Joan sued Clive, she would not sue on the rule of strict liability but under the Occupiers' Liability Act. 
E)  If Joan sues for any loss, she must sue the owner of the farm. 
A)  If the Nelsons sued on the rule in Rylands v. Fletcher, the defendant could succeed by showing that there was no intention to harm anyone and reasonable care had been taken to contain the solvent. 
B)  If the Nelsons sue for any loss, they would not succeed against Clive because he is just the tenant of the farm, not the owner. 
C)  If the Nelsons sued on the rule in Rylands v. Fletcher, they are barred from also pleading negligence as an alternative cause of action. 
D)  If Joan sued Clive, she would not sue on the rule of strict liability but under the Occupiers' Liability Act. 
E)  If Joan sues for any loss, she must sue the owner of the farm.

Question 8

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

Accepted Answer

A)  In most provinces, the standard of care imposed on an occupier has been modified by statute. 
B)  For a person to completely escape liability for negligence on the grounds that the plaintiff volunteered to take the risk, the court would have to find that the plaintiff volunteered to accept the physical risk and the legal consequences as well. 
C)  To win his negligence case, the plaintiff must prove that the defendant owed him a duty of care, was below the standard of care the law requires, and thus caused him foreseeable damage. 
D)  If a person is injured by a defective product that he himself did not purchase, he can sue the manufacturer for negligence. 
E)  In negligence cases, the special provision of res ipsa loquitor must be applied in order to establish liability. 
A)  In most provinces, the standard of care imposed on an occupier has been modified by statute. 
B)  For a person to completely escape liability for negligence on the grounds that the plaintiff volunteered to take the risk, the court would have to find that the plaintiff volunteered to accept the physical risk and the legal consequences as well. 
C)  To win his negligence case, the plaintiff must prove that the defendant owed him a duty of care, was below the standard of care the law requires, and thus caused him foreseeable damage. 
D)  If a person is injured by a defective product that he himself did not purchase, he can sue the manufacturer for negligence. 
E)  In negligence cases, the special provision of res ipsa loquitor must be applied in order to establish liability.

Question 9

Paul invited several friends over to celebrate Ann's birthday. About an hour before the guests arrived, Paul bought some sparkling wine and put it in his refrigerator. When all the guests were assembled, Paul lifted the chilled bottle of wine from its gift box. Before it was completely out of the box, the bottle exploded, sending glass in all directions. The glass cut Paul's hand and also the eye of one of his guests, Joan. No one else was hurt at all. Assuming all these facts could be proved, which of the following is true?

Accepted Answer

A)  If Joan sued the manufacturer for negligence, the court could draw, from the circumstantial evidence of the injury, a conclusion that someone must have been negligent, leaving it to the manufacturer to produce evidence to the contrary. 
B)  All the guests, including Joan, could successfully sue the manufacturer for negligence; they need only prove that the explosion was the fault of the manufacturing process. 
C)  Because Joan did not buy the wine, she has no cause of action against anyone. 
D)  Only Joan has a right to sue in contract. 
E)  Joan could sue Paul successfully for the tort of negligence for buying and serving sparkling wine. 
A)  If Joan sued the manufacturer for negligence, the court could draw, from the circumstantial evidence of the injury, a conclusion that someone must have been negligent, leaving it to the manufacturer to produce evidence to the contrary. 
B)  All the guests, including Joan, could successfully sue the manufacturer for negligence; they need only prove that the explosion was the fault of the manufacturing process. 
C)  Because Joan did not buy the wine, she has no cause of action against anyone. 
D)  Only Joan has a right to sue in contract. 
E)  Joan could sue Paul successfully for the tort of negligence for buying and serving sparkling wine.

Question 10

Explain the importance of the distinction between an invitee, licensee, and trespasser.

Accepted Answer

In some provinces, the standard of care

Explain what is meant by an insurable interest.

Explain what is meant by an insurable interest and how the existence of this principle impacts on the right to collect on an insurance claim.

Distinguish between misfeasance and nonfeasance.

At common law, a mother owes a duty of care to an unborn child.

What is the test used for legal causation?

How is negligent misstatement treated in Canada today?

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

Explain the importance of the distinction between an invitee, licensee, and trespasser.

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

Explain what is meant by an insurable interest.

Explain what is meant by an insurable interest and how the existence of this principle impacts on the right to collect on an insurance claim.

Distinguish between misfeasance and nonfeasance.

At common law, a mother owes a duty of care to an unborn child.

What is the test used for legal causation?

How is negligent misstatement treated in Canada today?

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

Explain the importance of the distinction between an invitee, licensee, and trespasser.

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