Exam 4: Negligence

In an effort to help one of her corporate customers avoid paying a large amount for income tax, Jenny an accountant provided an inaccurate financial statement to the company which later submitted it in support of its tax return. The fraud was discovered by Revenue Canada. Which of the following statements is correct?

Contributory negligence means the injured plaintiff is partly responsible for their own injuries.

A social host is not held to the same duty of care as a commercial host.

What question do the courts ask in deciding the standard of care to apply?

Donoghue v. Stevenson is significant because it established which of the following principles?

Which of the following is a breach of fiduciary duty?

A 70 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. In an action by her against the company which had the responsibility of maintaining the escalator, the defendant company would argue which of the following as its best defence?

Which of the following statements about the defence of voluntary assumption of risk is TRUE?

Dr. Rimbaud is a neurosurgeon in Ottawa. His patient dies after an operation. The estate sues him for negligence. The issue will be decided based on:

The "but for" test is used in negligence law to establish

Susan is the owner of residential premises which have been rented to Michael. Janice a friend of Michael tripped and fell on a broken rail, fracturing her leg in the process. Prior to the incident, Michael had advised Susan on repeated occasions, of the need to make repairs to the rail, all to no avail. Under principles of occupiers' liability law, which of the following will be liable to compensate Susan for her injuries?

Which of the following statements about causation in torts is TRUE?

Which of the following is required to establish negligence?

Trang Phan ran a stop sign and collided with Joan Lee's car, injuring her. Joan was not paying attention at the time; she was leaning down to change her radio station. If she had been watching, she could have stopped and reduced the damage. In an action by Joan against Trang, Trang can raise Joan's carelessness in his defence. What is the technical name for this defence?

An occupier of property may be able to escape liability for injuries caused to a person lawfully on the property if he or she had put up a sign warning of the dangers on the property.

Acme Inc. owns a store that it rents to Beta Inc. which does not need the space yet so it sublets to Cartunes Inc. which operates a car radio sale business in it. Mary slips on the floor while buying a radio and breaks her hip. The floor was wet because of negligence. Who of the following is liable to Mary on the above facts?

When a person buys a sweater from an unknown manufacturer and gives it to a friend as a present and the friend is injured because the sweater contains a poisonous dye?

Which of the following statements about damages in tort is TRUE?

Negligence is called an unintentional tort because the person doing the action often does not know the victim.

In the law of negligence you owe a duty of care to anyone you should reasonably foresee will be affected by your actions.