Question 1

Explain how the courts determine whether a duty of care exists in a negligence action.

Accepted Answer

The answer of Explain how the courts determine whether a...

Question 2

Health care services in Canada are funded through the government-sponsored medical system, which is often supplemented by plans providing extended coverage.

Accepted Answer

A) True 
 B)False

Question 3

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 4

An insurance company's right to subrogation refers to their right to refuse to pay where the insured is responsible for his own loss.

Accepted Answer

A) True 
 B)False

Question 5

An investor who wanted to build a duplex asked the city zoning officer whether Lot A of Plan 16, known as 1 Street, was zoned for a single-family house or a duplex. The zoning officer was distracted by a news report on the radio and accidentally gave the investor a printed copy of the zoning for the wrong lot that said "duplex," although 1 Street was only zoned for single-family houses. After the investor began building a duplex, the city stopped him for building contrary to the zoning by-laws. He lost $50,000. On these facts (assume all can be proven), which of the following is true?

Accepted Answer

A)  A person can only be sued for actions that cause physical injury. 
B)  The cause of action most likely to be taken by the investor in this case is "deceit." 
C)  The zoning officer can be sued even though the investor did not have a contract with him (i.e., he didn't pay for the information). 
D)  The employer of the zoning officer could not be sued since the employer did no wrong. 
E)  The zoning officer could not be sued successfully since he had no intention of hurting anyone; his error was just an accident.

Question 6

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

Accepted Answer

A)  With assault and battery, a person can successfully sue only if they can prove damages. 
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 person will always succeed with the defence of self-defence even if he used excessive force. 
D)  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. 
E)  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.

Question 7

Joe entered a store and approached a display of china. He was examining an extremely valuable vase and carelessly dropped it, destroying it. Which of the following is correct with respect to his liability?

Accepted Answer

A)  If the store has insurance coverage, the insurance will cover his careless conduct and he doesn't have to worry about anything. 
B)  If the store has insurance coverage, the insurance will pay the store for the loss but may pursue Joe for repayment by suing him for negligence. 
C)  Joe cannot be sued for the loss because Joe is not a party to the insurance contract. 
D)  If the store does not have insurance coverage, they should have and so Joe has no responsibility in these circumstances. 
E)  Joe is responsible only if the store has no insurance coverage.

Question 8

Explain the role of self-governing professional bodies, including a discussion of their disciplinary function.

Accepted Answer

The answer of Explain the role of self-governing professional bodies,...

Question 9

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

Accepted Answer

A)  Joe insured his law partner's life for $500,000 and the amount he actually lost when the partner died was only $100,000. Joe claims $500,000. 
B)  Joe's house suffers $20,000 damage, and he only had it insured for $100,000, when the actual value was over $250,000. Joe claims $20,000. 
C)  Joe owns a one-half interest in a house valued at $100,000 that is completely destroyed in a fire. The house is insured for that amount and Joe makes a claim for $100,000. 
D)  Joe insured the club house of a Hell's Angels motorcycle club located in the next block for $75,000; the house is valued at about that amount. The club house is subsequently destroyed in a fire. Joe claims $75,000. 
E)  Joe took out a life insurance policy on his wife for $500,000, and shortly thereafter, during a fight when he was in a drunken rage, he struck his wife, causing her death. Joe claims $500,000.

Question 10

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

Accepted Answer

A) True 
 B)False

Question 11

What is the last clear chance doctrine?

Accepted Answer

The answer of What is the last clear chance doctrine?...

Question 12

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

Accepted Answer

A)  Joe insured his law partner's life for $500,000 and the amount he actually lost when the partner died was only $100,000. Joe claims $500,000. 
B)  Joe's house suffers $20,000 damage, and he only had it insured for $100,000, when the actual value was over $250,000. Joe claims $20,000. 
C)  Joe owns a one-half interest in a house valued at $100,000 that is completely destroyed in a fire. The house is insured for that amount and Joe makes a claim for $100,000. 
D)  Joe insured the club house of a Hell's Angels motorcycle club located in the next block for $75,000; the house is valued at about that amount. The club house is subsequently destroyed in a fire. Joe claims $75,000. 
E)  Joe took out a life insurance policy on his wife for $500,000, and shortly thereafter, during a fight when he was in a drunken rage, he struck his wife, causing her death. Joe claims $500,000.

Question 13

Discuss the role of insurance, especially compulsory insurance, and how it relates to tort law.

Accepted Answer

The answer of Discuss the role of insurance, especially compulsory...

Question 14

Children are not held liable for their torts.

Accepted Answer

A) True 
 B)False

Question 15

What is the test used for physical causation?

Accepted Answer

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

Question 16

When Joan visited her friend Clive, who was renting a small farm in Langley, she was injured by some dangerous cleaning solvent that Clive stores in very large quantities for Soapo Ltd. The solvent had leaked from one of several massive 1000-litre drums. When Joan 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 her 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 sue for any loss, they would not succeed against Clive because he is just the tenant of the farm, not the owner. 
B)  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. 
C)  If Joan sued Clive, she would not sue on the rule of strict liability but under the Occupiers' Liability Act. 
D)  If the Nelsons sued on the rule in Rylands v. Fletcher, they would be barred from also pleading negligence as an alternative cause of action. 
E)  If Joan sues for any loss, she must sue the owner of the farm.

Question 17

What is the forfeiture rule?

Accepted Answer

The answer of What is the forfeiture rule?...

Question 18

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

Accepted Answer

A) True 
 B)False

Question 19

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

Accepted Answer

A) True 
 B)False

Question 20

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

Accepted Answer

The answer of Explain what is meant by the "reasonable...

Exam 5: Negligence, Professional Liability, and Insurance

Explain how the courts determine whether a duty of care exists in a negligence action.

Health care services in Canada are funded through the government-sponsored medical system, which is often supplemented by plans providing extended coverage.

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

An insurance company's right to subrogation refers to their right to refuse to pay where the insured is responsible for his own loss.

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

Joe entered a store and approached a display of china. He was examining an extremely valuable vase and carelessly dropped it, destroying it. Which of the following is correct with respect to his liability?

Explain the role of self-governing professional bodies, including a discussion of their disciplinary function.

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

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

What is the last clear chance doctrine?

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

Discuss the role of insurance, especially compulsory insurance, and how it relates to tort law.

Children are not held liable for their torts.

What is the test used for physical causation?

What is the forfeiture rule?

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

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

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