Question 1

Which of the following statements does not describe the standard expected of experts?

Accepted Answer

A)  Require skills and abilities expected of a professional in that field. 
B)  Must exercise skill with degree of care expected from a reasonable person in that profession. 
C)  Inexperience does not excuse incompetence. 
D)  Common practice always sets the appropriate standard. 
E)  The standard of an expert need not be perfection. 
A)  Require skills and abilities expected of a professional in that field. 
B)  Must exercise skill with degree of care expected from a reasonable person in that profession. 
C)  Inexperience does not excuse incompetence. 
D)  Common practice always sets the appropriate standard. 
E)  The standard of an expert need not be perfection. D

Question 2

What is the reasonable person test used for?

Accepted Answer

To determine the standard of care

Question 3

In Canada, in order for a manufacturer to be held liable for injury caused by his product to an ultimate consumer, what must be shown?

Accepted Answer

That there was a duty to be careful in manufacturing that good, and that there was a failure to live up to the standard of a reasonable person in that manufacturing process (assuming of course that some sort of injury had resulted and that injury resulted from the normal use of those goods).

Question 4

The court determines the standard of care required and whether or not there was a failure to live up to that standard.

Accepted Answer

A) True 
 B)False

Question 5

Absent a statutory provision to the contrary, parents are not responsible for their children's torts unless there was obvious failure to control, instruct, or supervise.

Accepted Answer

A) True 
 B)False

Question 6

A reasonable person is one who is prudent and careful.

Accepted Answer

A) True 
 B)False

Question 7

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

Accepted Answer

A)  If a person is injured by a defective product that he himself did not purchase, he can sue the manufacturer for negligence. 
B)  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. 
C)  In most provinces, the standard of care imposed on an occupier has been modified by statute. 
D)  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. 
E)  In negligence cases, the special provision of res ipsa loquitor must always be applied in order to establish liability. 
A)  If a person is injured by a defective product that he himself did not purchase, he can sue the manufacturer for negligence. 
B)  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. 
C)  In most provinces, the standard of care imposed on an occupier has been modified by statute. 
D)  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. 
E)  In negligence cases, the special provision of res ipsa loquitor must always be applied in order to establish liability.

Question 8

Business interruption insurance covers the policy-holder when an unforeseen event causes a business to permanently cease operation.

Accepted Answer

A) True 
 B)False

Question 9

Business interruption insurance is designed to cover which of the following situations?

Accepted Answer

A)  A person owns a restaurant business and the restaurant is destroyed by fire. The insurance coverage pays for the repair of the building. 
B)  A person has a partner in his restaurant business and that partner catches a disease and dies. The insurance provides for coverage of the death of the partner. 
C)  A person owns a restaurant business and the restaurant is destroyed by fire. The insurance covers revenue losses caused by the business being closed down for several months. 
D)  A person is an employee at a restaurant business and gets ill. The insurance coverage pays him his wages while he is off work sick. 
E)  A person operates a restaurant business and some customers suffer injury due to food poisoning. The insurance coverage provides for payment to cover any losses incurred because of claims by the restaurant arising from damages paid out to these customers. 
A)  A person owns a restaurant business and the restaurant is destroyed by fire. The insurance coverage pays for the repair of the building. 
B)  A person has a partner in his restaurant business and that partner catches a disease and dies. The insurance provides for coverage of the death of the partner. 
C)  A person owns a restaurant business and the restaurant is destroyed by fire. The insurance covers revenue losses caused by the business being closed down for several months. 
D)  A person is an employee at a restaurant business and gets ill. The insurance coverage pays him his wages while he is off work sick. 
E)  A person operates a restaurant business and some customers suffer injury due to food poisoning. The insurance coverage provides for payment to cover any losses incurred because of claims by the restaurant arising from damages paid out to these customers.

Question 10

In Heitsman v. Canadian Premier Life Insurance Co., an insurance company denied coverage on the basis of an ambiguous exclusion of liability clause. What did the Court find?

Accepted Answer

A)  The contra proferentum rule was applied, and the exclusion was narrowly interpreted. 
B)  The contra proferentum rule was applied, and the exclusion was broadly construed. 
C)  The contra proferentum rule was applied, so the interpretation favoured the insurance company. 
D)  The contra proferentum rule did not apply, because the insurance contract was in standard form. 
E)  The contra proferentum rule did not apply, because the insured had signed the contract voluntarily. 
A)  The contra proferentum rule was applied, and the exclusion was narrowly interpreted. 
B)  The contra proferentum rule was applied, and the exclusion was broadly construed. 
C)  The contra proferentum rule was applied, so the interpretation favoured the insurance company. 
D)  The contra proferentum rule did not apply, because the insurance contract was in standard form. 
E)  The contra proferentum rule did not apply, because the insured had signed the contract voluntarily.

Question 11

Ms. J was severely injured as the result of a fall sustained when a portion of a fence surrounding a private cemetery gave way as she was attempting to climb over to visit a grave site. Which of the following is true with regard to an occupier's liability?

Accepted Answer

A)  The standard of care is set by a federal statute and is therefore the same for all the provinces. 
B)  The standard of care required of the occupier is set by provincial statute. 
C)  An occupier owes no duty of care to a trespasser. 
D)  There is no duty of care owed to persons who come onto another's property whether invited or not; people must take responsibility to look after themselves. 
E)  The duty imposed by the statute is on the landowner not the tenant. 
A)  The standard of care is set by a federal statute and is therefore the same for all the provinces. 
B)  The standard of care required of the occupier is set by provincial statute. 
C)  An occupier owes no duty of care to a trespasser. 
D)  There is no duty of care owed to persons who come onto another's property whether invited or not; people must take responsibility to look after themselves. 
E)  The duty imposed by the statute is on the landowner not the tenant.

Question 12

An employee prepared an appraisal of a property for his real-estate development company. The employee had been told that the appraisal would be used by the company to attract a potential investor, Mr. Jones, for the company's client, Mr. Lee. Because the appraiser carelessly forgot to check the recent changes in the zoning by-laws, the appraisal was not accurate. Mr. Jones was misled about the value of the land and suffered a financial loss of $200,000. On these facts, which of the following is true?

Accepted Answer

A)  Mr. Jones could not take any action because he had no contract with the company or the appraiser. 
B)  A person cannot be sued for words that cause loss, only for actions that cause physical injury. 
C)  If Jones sues the appraiser, he cannot also sue the employer company. 
D)  The cause of action most likely to be taken by the investor is defamation. 
E)  To win in an action against the appraiser, Jones must prove that the appraiser owed him a duty of care, fell below the standard of care owed, and thereby caused him a foreseeable loss because of his reliance on the information. 
A)  Mr. Jones could not take any action because he had no contract with the company or the appraiser. 
B)  A person cannot be sued for words that cause loss, only for actions that cause physical injury. 
C)  If Jones sues the appraiser, he cannot also sue the employer company. 
D)  The cause of action most likely to be taken by the investor is defamation. 
E)  To win in an action against the appraiser, Jones must prove that the appraiser owed him a duty of care, fell below the standard of care owed, and thereby caused him a foreseeable loss because of his reliance on the information.

Question 13

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

Accepted Answer

A)  If a person is injured by a defective product that he himself did not purchase, he can sue the manufacturer for negligence. 
B)  If the court finds contributory negligence, the defendant has no liability at all. 
C)  If physical injury can be foreseen as the result of a person's negligence, the wrongdoer will be liable for all the injury suffered although the person injured was unusually weak and infirm. 
D)  A possible defence to the plaintiff's claim of negligence is that the plaintiff volunteered to take the risk. 
E)  The test used to determine whether a duty of care is owed is this: would a reasonable person foresee that the plaintiff could be affected by the acts of the defendant? 
A)  If a person is injured by a defective product that he himself did not purchase, he can sue the manufacturer for negligence. 
B)  If the court finds contributory negligence, the defendant has no liability at all. 
C)  If physical injury can be foreseen as the result of a person's negligence, the wrongdoer will be liable for all the injury suffered although the person injured was unusually weak and infirm. 
D)  A possible defence to the plaintiff's claim of negligence is that the plaintiff volunteered to take the risk. 
E)  The test used to determine whether a duty of care is owed is this: would a reasonable person foresee that the plaintiff could be affected by the acts of the defendant?

Question 14

Harry operated a game farm in the suburbs of a large city. He took all reasonable precautions to keep the animals, some of which were dangerous, within the confines of that game farm. One night, a group of protesters came onto the property and released all the animals as an act of protest against the incarceration of such wild creatures. One of the animals, a cougar, went onto a neighbour's property and killed an expensive show dog. That neighbour sued Harry. Explain the neighbour's likelihood of success.

Accepted Answer

A game farm is an unusual use of propert

Question 15

What is the reasonable foreseeability test used for?

Accepted Answer

To establi

Question 16

Insurable interest means that the insured must have a personal stake or interest in whatever is being insured.

Accepted Answer

A) True 
 B)False

Question 17

What test is used to determine the standard of care?

Accepted Answer

The reason

Question 18

Because of the North American Free Trade Agreement and increasing world competition, a provincial government decided to help businesses by providing more information about market conditions, currencies, etc., around the world. It opened small offices throughout the province that provided business information retrieved from the government's database, which was frequently updated. Mr. Hill relied on some information given to him by Alex Chec, an employee of the government. The information was wrong due to Chec's mistake; it was his job to cross-check that information before it was released to the public, but he forgot to do it. Mr. Hill suffered a $15,000 loss because of the error. Which of the following is true?

Accepted Answer

A)  Mr. Hill cannot take any action because he suffered no physical injury. The case only deals with information. 
B)  If Mr. Hill sues the government on the principle of vicarious liability, he cannot also sue the employee at fault. 
C)  On these facts, Mr. Hill could sue successfully on the principle of strict liability. 
D)  Mr. Hill could not take any action because he had not entered into a contract with the government for this information. 
E)  To win in an action against the government, Hill must prove that the government owed him a duty of care, fell below the standard of care owed, and thereby caused him a foreseeable loss. 
A)  Mr. Hill cannot take any action because he suffered no physical injury. The case only deals with information. 
B)  If Mr. Hill sues the government on the principle of vicarious liability, he cannot also sue the employee at fault. 
C)  On these facts, Mr. Hill could sue successfully on the principle of strict liability. 
D)  Mr. Hill could not take any action because he had not entered into a contract with the government for this information. 
E)  To win in an action against the government, Hill must prove that the government owed him a duty of care, fell below the standard of care owed, and thereby caused him a foreseeable loss.

Question 19

Although there was no carelessness on the part of Mr. Tam, and although he had no intention of harming anyone, he could still be sued by someone harmed by dangerous substances that escaped from his property. This is an example of what tort or what principle of tort law?

Accepted Answer

A)  Vicarious liability 
B)  Contributory negligence 
C)  False imprisonment 
D)  Strict liability 
E)  Defamation 
A)  Vicarious liability 
B)  Contributory negligence 
C)  False imprisonment 
D)  Strict liability 
E)  Defamation

Question 20

How is negligent misstatement treated in Canada today?

Accepted Answer

The case of Haig vs. Bamford e

Which of the following statements does not describe the standard expected of experts?

What is the reasonable person test used for?

In Canada, in order for a manufacturer to be held liable for injury caused by his product to an ultimate consumer, what must be shown?

The court determines the standard of care required and whether or not there was a failure to live up to that standard.

Absent a statutory provision to the contrary, parents are not responsible for their children's torts unless there was obvious failure to control, instruct, or supervise.

A reasonable person is one who is prudent and careful.

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

Business interruption insurance covers the policy-holder when an unforeseen event causes a business to permanently cease operation.

Business interruption insurance is designed to cover which of the following situations?

In Heitsman v. Canadian Premier Life Insurance Co., an insurance company denied coverage on the basis of an ambiguous exclusion of liability clause. What did the Court find?

Ms. J was severely injured as the result of a fall sustained when a portion of a fence surrounding a private cemetery gave way as she was attempting to climb over to visit a grave site. Which of the following is true with regard to an occupier's liability?

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

What is the reasonable foreseeability test used for?

Insurable interest means that the insured must have a personal stake or interest in whatever is being insured.

What test is used to determine the standard of care?

Although there was no carelessness on the part of Mr. Tam, and although he had no intention of harming anyone, he could still be sued by someone harmed by dangerous substances that escaped from his property. This is an example of what tort or what principle of tort law?

How is negligent misstatement treated in Canada today?

Managing Your Legal Affairs

Introduction to the Legal System

The Resolution of Disputes: the Courts and Alternatives to Litigation

Intentional Torts and Torts Impacting Business

The Elements of a Contract: Consensus and Consideration

The Elements of a Contract: Capacity, Legality, and Intention

Factors Affecting the Contractual Relationship

The End of the Contractual Relationship

Agency and Partnership

Corporations

Employment

Intellectual Property

Real and Personal Property and Protection of the Environment

Priority of Creditors

Sales and Consumer Protection

Filters

Exam 5: Negligence, Professional Liability, and Insurance

Which of the following statements does not describe the standard expected of experts?

What is the reasonable person test used for?

In Canada, in order for a manufacturer to be held liable for injury caused by his product to an ultimate consumer, what must be shown?

The court determines the standard of care required and whether or not there was a failure to live up to that standard.

Absent a statutory provision to the contrary, parents are not responsible for their children's torts unless there was obvious failure to control, instruct, or supervise.

A reasonable person is one who is prudent and careful.

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

Business interruption insurance covers the policy-holder when an unforeseen event causes a business to permanently cease operation.

Business interruption insurance is designed to cover which of the following situations?

In Heitsman v. Canadian Premier Life Insurance Co., an insurance company denied coverage on the basis of an ambiguous exclusion of liability clause. What did the Court find?

Ms. J was severely injured as the result of a fall sustained when a portion of a fence surrounding a private cemetery gave way as she was attempting to climb over to visit a grave site. Which of the following is true with regard to an occupier's liability?

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

What is the reasonable foreseeability test used for?

Insurable interest means that the insured must have a personal stake or interest in whatever is being insured.

What test is used to determine the standard of care?

Although there was no carelessness on the part of Mr. Tam, and although he had no intention of harming anyone, he could still be sued by someone harmed by dangerous substances that escaped from his property. This is an example of what tort or what principle of tort law?

How is negligent misstatement treated in Canada today?

Managing Your Legal Affairs

Introduction to the Legal System

The Resolution of Disputes: the Courts and Alternatives to Litigation

Intentional Torts and Torts Impacting Business

The Elements of a Contract: Consensus and Consideration

The Elements of a Contract: Capacity, Legality, and Intention

Factors Affecting the Contractual Relationship

The End of the Contractual Relationship

Agency and Partnership

Corporations

Employment

Intellectual Property

Real and Personal Property and Protection of the Environment

Priority of Creditors

Sales and Consumer Protection

Filters