Exam 11: The Tort of Negligence

If a court finds Rudy's spinal injuries are also the result of Rudy encouraging Benj to drive his boat at the excessive speed that caused the accident,what will immediately come into play?

Which of the following is a distinguishing characteristic of the tort of negligent misstatement?

The defence of voluntary assumption of risk is a complete defence to a lawsuit.

The reasonable care test underlies the tort of negligence.

What is the commonality that exists in law between liability in contract and vicarious liability?

Becky's carelessness while driving resulted in serious injuries to an elderly individual in another car.While a younger person might have sustained only minor physical injuries,the elderly plaintiff's pre-existing osteoporosis resulted in severe injuries.Explain how the thin skull rule will apply in this case.

In the legal context,a manufacturer's responsibility for the design,manufacture,or sale of its products is synonymous with which of the following?

The business of Helpmates Care Services involves supplying nurses and home care workers to visit elderly and disabled individuals in their homes to provide nursing and personal care.One of Helpmates' staff inadvertently gave the wrong medication to one of its clients,and the client had to be hospitalized as a result.Which of the following statements best describes the wrongful act of the worker?

Identify and briefly describe what a defendant must show in order to successfully rely on the defence of volenti non fit injuria.Include a brief explanation of the major significance of this defence to commercial liability insurers.

Which of the following would be owed a duty of care by a manufacturer of dairy products?

Does the standard of care test require all defendants in a particular situation to demonstrate the same degree of care? Explain.

What aspect of negligence is the law referencing when it applies the neighbour principle?

What is the law's traditional approach to financial or economic losses that are not accompanied by property or personal injury damage?

Having to prove that for no other reason than for acting on a duty of care owed to them,a party suffered injury or loss is known as the "but for" test.

An elderly woman with osteoporosis suffered numerous broken bones as a result of a minor car accident.A person without osteoporosis would not have suffered any broken bones in the same circumstances.What would you reasonably expect a court to determine with respect to a negligence claim by the elderly claimant?

A negligence victim experienced a prolonged recovery from injuries owing to an inherent physical weakness.What principle would a court apply to prevent a negligent defendant from escaping liability for full compensation in these circumstances?

Businesses affected adversely by product liability face claims arising from both negligence law and the law of contract.

In what ways does the tort of negligence differ from strict liability?

What is the law's purpose with regard to imposing a higher standard of care on a physician responsible for injuries arising from a wrongful breast removal surgery?

Which of the following is a question that must be answered in the affirmative in order to establish actionable circumstances of negligence?