Exam 4: Specific Issues in Tort Law

In Canada, manufacturers of goods that are inherently dangerous must:

A professional's liability can be based on

Professionals have a fiduciary duty to their clients.

In the scenario above, Rebecca was careless in eating the chocolate bar and therefore responsible for her own injury.

Professionals should have rules and guidelines for how members of their profession need to conduct their business.

Consumer Protection legislation imposes labelling regulations on manufacturers.

Occupiers have an obligation to ensure their premises are safe and the standard of care will depend on the situation.

An accounting firm made serious errors in providing audited financial statement to ABC Limited. These statements are used by management, shareholders, and potential shareholders.

A well drafted retainer agreement can exclude a professional from claims for professional negligence.

For the purposes of professional liability, a professional is anyone with

Consumer Protection legislation defines danger to human health or safety as an existing or potential unreasonable hazard from the use of a product.

Professionals can reduce their potential liability by having a well-drafted retainer agreement.

In the scenario above, the manufacturer is vicariously liable for the negligence of its employees in the making of the chocolate bar.

Manufactures have a responsibility to the public to create and sell safe products.

Manufacturers of goods can be exempt from liability if they do a "recall" of their product.

George was having a Stanley Cup party. He purchased various food items so his guests could make their own sandwiches. One of these items was Hanes ketchup, which George had transferred to a bowl to make it easier for his guests to use. One guest, James, made himself a sandwich using that ketchup. He warned others not to use the ketchup as he said his sandwich tasted funny. James became quite ill and had to go to the hospital. It was determined that the original ketchup bottle was contaminated before George bought it. George had just bought it that day from his corner store, which had obtained it from its distributor ABC Ltd., which had bought it directly from the manufacturer, Hanes Co. Based on this scenario, which of the following is true?

Sara and Rebecca entered a variety store owned by Charles. Sara purchased two chocolate bars from Charles, and gave one to Rebecca. Unknown to Sara, Rebecca, or Charles the chocolate bar that Sara gave to Rebecca contained a piece of metal that had fallen into the mixture when the chocolate bar was made. When Rebecca attempted to eat the chocolate, she damaged one of her teeth. She was obliged to have the tooth repaired by a dentist, and in addition, lost a day's work because of the painful injury to her mouth. Her total loss amounted to $1,200.00. Sara may be successful in an action against Charles since Charles sold the chocolate bar.

Andrew, a lawyer, failed to do a proper title search of a property that resulted in his clients' actually owning only two-thirds of the property that they thought they had bought. Andrew will be held to the standard of care expected of the reasonable lawyer.

In the case of Crocker v Sundance, Mr. Crocker was an invitee to the ski resort. The Supreme Court of Canada held that as an invitee:

A lawyer has been sued by a client for breach of contract because she failed to give proper advice. The client will be successful if the lawyer has not performed the legal services at the standard of a reasonable person.