Question 1

The case of Donoghue v Stevenson established the concept of

Accepted Answer

A) a general duty of care based on the "neighbour principle." 
B) the learned intermediary rule. 
C) market share liability. 
D) contributory negligence. 
E) professional negligence. 
A) a general duty of care based on the "neighbour principle." 
B) the learned intermediary rule. 
C) market share liability. 
D) contributory negligence. 
E) professional negligence. A

Question 2

Henry negligently caused June to fall and break her leg.Because of her injury, June's leg was in a cast for many weeks.Even with crutches, she found it difficult to move around. June's lack of mobility led to additional injuries.First, while slowly crossing a street, she was knocked over by a careless cyclist.While she escaped that incident without serious harm, June did lose her two front teeth as a result of that accident.The second episode occurred while June was attending a party.One of her friends had strung a rope between two large trees and invited June to try walking on the rope.June broke her arm after falling off the rope.Which of the following statements is most likely to be TRUE?

Accepted Answer

A) Henry's liability for June's lost teeth and broken arm depends entirely on the but-for test. 
B) Henry is not liable for the broken arm because it was not reasonably foreseeable that his original negligence would cause that injury. 
C) Henry is not liable for June's front teeth because the cyclist's carelessly broke the chain of causation between Henry's original negligence and that injury. 
D) Henry is liable for June's lost teeth ad her broken arm because, as a matter of law, his original negligence caused her to have a thin skull. 
E) Henry is not liable for June's broken arm because she voluntarily assumed the risk of injury when she accepted her friend's invitation to rope walk. 
A) Henry's liability for June's lost teeth and broken arm depends entirely on the but-for test. 
B) Henry is not liable for the broken arm because it was not reasonably foreseeable that his original negligence would cause that injury. 
C) Henry is not liable for June's front teeth because the cyclist's carelessly broke the chain of causation between Henry's original negligence and that injury. 
D) Henry is liable for June's lost teeth ad her broken arm because, as a matter of law, his original negligence caused her to have a thin skull. 
E) Henry is not liable for June's broken arm because she voluntarily assumed the risk of injury when she accepted her friend's invitation to rope walk. B

Question 3

As a general rule, liability cannot be imposed under the tort of negligence if the defendant carelessly made a statement that caused the plaintiff to suffer a physical injury.

Accepted Answer

A) True 
 B)False  False

Question 4

Demarcus sued Marguerite for negligence.She has relied on the defence of illegality.Which of the following statements is TRUE?

Accepted Answer

A) That defence allows for the apportionment of responsibility between the parties. 
B) That defence may apply if the recovery of damages would allow Demarcus to avoid a criminal penalty. 
C) That defence will not apply if it would re-enforce a criminal penalty. 
D) That defence could apply only if Demarcus committed a crime that was punishable by imprisonment. 
E) The Supreme Court of Canada has abolished the defence of illegality on the basis that it often creates unfair results. 
A) That defence allows for the apportionment of responsibility between the parties. 
B) That defence may apply if the recovery of damages would allow Demarcus to avoid a criminal penalty. 
C) That defence will not apply if it would re-enforce a criminal penalty. 
D) That defence could apply only if Demarcus committed a crime that was punishable by imprisonment. 
E) The Supreme Court of Canada has abolished the defence of illegality on the basis that it often creates unfair results.

Question 5

Maritza suffered a heart attack after consuming cold medicine manufactured by Omega Inc.The evidence indicates that there is a 75 percent chance that Maritza's heart attack was caused by the medicine and a 25 percent chance that it was caused by Maritza's poor diet.The court held that Omega negligently failed to warn Maritza of the risk that its medicine could cause a heart attack.If the total value of Maritza's losses is $100 000, she will be entitled to receive $75 000 in damages from Omega.

Accepted Answer

A) True 
 B)False

Question 6

Identify and briefly explain three ways in which careless statements are significantly different, in a legal sense, than careless actions.

Accepted Answer

The courts are much more reluctant to im

Question 7

Danica was injured as a result of an accident that also involved Elmer and Lloyd.The judge found that all three parties had acted carelessly, and that Elmer and Lloyd were jointly and severally liable.The judge also found that Danica was 50 percent to blame for her injuries, while Elmer was 30 percent to blame and Lloyd was 20 percent to blame.Compensation for Danica's injuries is valued at a total of $100 000.Danica may be able to recover more than $30 000 from Elmer if Lloyd is unable to pay anything because of his extreme poverty.

Accepted Answer

A) True 
 B)False

Question 8

Which of the following is a defence to the tort of negligence?

Accepted Answer

A) strict liability 
B) mental incapacity 
C) inexperience 
D) res ipsa loquitur 
E) volenti 
A) strict liability 
B) mental incapacity 
C) inexperience 
D) res ipsa loquitur 
E) volenti

Question 9

Gamma Corp carelessly allowed its factory to spew toxic chemicals into the environment.Gamma Corp's factory is located near a park.Mary often visited that park while she was pregnant with Antonio.Antonio was born with a severe disability.That disability was caused by one of two factors: the toxic chemicals that Gamma Corp's factory emitted or the cigarettes that Mary smoked during her pregnancy.Mary chose to chain-smoke during her pregnancy despite knowing the risks that her behaviour presented for her unborn child.Can Antonio recover compensatory damages if the evidence proves that his disability was caused by Gamma Corp? Can he recover compensatory damages if the evidence proves that his disability was caused by his mother's smoking? Provide the best explanation for your answer.

Accepted Answer

This question requires students to appre

Question 10

Which of the following statements is TRUE with respect to the concept of remoteness?

Accepted Answer

A) The concept of remoteness is part of the test for a duty of care. 
B) The concept of remoteness is based mostly on statutes. 
C) The concept of remoteness has been rejected as a test in thin skull cases. 
D) The concept of remoteness has been rejected as a test in cases of intervening acts. 
E) The concept of remoteness includes the thin skull doctrine, the crumbling skull doctrine, and the thin wallet doctrine. 
A) The concept of remoteness is part of the test for a duty of care. 
B) The concept of remoteness is based mostly on statutes. 
C) The concept of remoteness has been rejected as a test in thin skull cases. 
D) The concept of remoteness has been rejected as a test in cases of intervening acts. 
E) The concept of remoteness includes the thin skull doctrine, the crumbling skull doctrine, and the thin wallet doctrine.

Question 11

Under the terms of a contract, Abigail provided accounting services to Theta Inc.Those services culminated in the production of a financial statement.Unfortunately, Abigail did her job carelessly and the financial statement was inaccurate.Raekwon, who is a shareholder in Theta Inc, suffered a loss after relying upon the financial statements that Abigail prepared.He has sued her for negligence.Identify and briefly explain the factors that a court will consider in deciding whether or not Abigail owed Raekwon a duty of care.

Accepted Answer

Raekwon's claim will be governed by Herc

Question 12

Chantal has sued Phi Corp for negligence.Which of the following statements is TRUE with respect to the duty of care?

Accepted Answer

A) Since it is based on the reasonable person test, a duty of care can be owed by a person to a corporation but not by a corporation to a person. 
B) A duty of care will be imposed on Phi Corp unless it proves that Chantal was not a reasonably foreseeable victim of its carelessness. 
C) A duty of care will not be recognized unless Chantal suffered a physical injury. 
D) A duty of care will be recognized only if Phi Corp and Chantal had a pre-existing relationship. 
E) The court will conduct a full inquiry into the existence of a duty of care only if the facts of the case do not fall within a recognized category. 
A) Since it is based on the reasonable person test, a duty of care can be owed by a person to a corporation but not by a corporation to a person. 
B) A duty of care will be imposed on Phi Corp unless it proves that Chantal was not a reasonably foreseeable victim of its carelessness. 
C) A duty of care will not be recognized unless Chantal suffered a physical injury. 
D) A duty of care will be recognized only if Phi Corp and Chantal had a pre-existing relationship. 
E) The court will conduct a full inquiry into the existence of a duty of care only if the facts of the case do not fall within a recognized category.

Question 13

Psi Co owned a ship called The Greek that was worth $15 million.It intended to use that ship to perform a contract with Omega Inc that required it to deliver Omega's widgets from Vancouver to Los Angeles.Wilson negligently created a fire that destroyed The Greek.Psi Co wanted to buy a replacement ship, called The Athenian, for the purpose of performing its contract with Omega, but it could not immediately afford the full purchase price.Psi Co therefore rented a ship, called The Canadian, for $2 million and used it to perform its contract with Omega.After being paid by Omega, Psi Co bought The Athenian for $15 million.Psi Co has successfully sued Wilson for negligence.The court agrees that Psi Co is entitled to $15 million for the loss of its original ship.Psi Co, however, claims that it is also entitled to $2 million, representing the money that it was required to pay in order to rent The Canadian.Which of the following statements is TRUE with respect to Psi Co's claim for $2 million?

Accepted Answer

A) That claim is properly decided under the concept of an intervening act. 
B) That claim will probably fail because there was a lack of factual causation. 
C) That claim will probably fail because there was no duty of care. 
D) That claim traditionally would have failed because the relevant loss is partially attributable to the plaintiff's own impecuniosity. 
E) That claim will be decided by the crumbling skull rule. 
A) That claim is properly decided under the concept of an intervening act. 
B) That claim will probably fail because there was a lack of factual causation. 
C) That claim will probably fail because there was no duty of care. 
D) That claim traditionally would have failed because the relevant loss is partially attributable to the plaintiff's own impecuniosity. 
E) That claim will be decided by the crumbling skull rule.

Question 14

Jane carelessly caused an accident that resulted in Perry's leg being broken.Perry subsequently suffered a broken arm when he fell down a flight of stairs.Perry satisfied the judge, on the basis of expert evidence, that it is common for people who are wearing leg casts to fall more often than usual.That is true even for people who reasonably take extra precautions while wearing leg casts.Jane consequently may be held liable for Perry's broken leg and his broken arm.

Accepted Answer

A) True 
 B)False

Question 15

Which of the following statements is TRUE with respect to the standard of care that is applied to professionals?

Accepted Answer

A) The standard of care is raised with respect to experienced professionals and lowered with respect to beginners. 
B) A professional may be held liable despite acting in compliance with an approved practice. 
C) An error of judgment always constitutes a breach of the standard of care. 
D) A judge will always hold that the defendant acted carelessly if the defendant injured the plaintiff while committing a breach of a statute. 
E) Because there is no separate tort of breach of a statutory duty, a court cannot consider the effect of a statute when it formulates the standard of care. 
A) The standard of care is raised with respect to experienced professionals and lowered with respect to beginners. 
B) A professional may be held liable despite acting in compliance with an approved practice. 
C) An error of judgment always constitutes a breach of the standard of care. 
D) A judge will always hold that the defendant acted carelessly if the defendant injured the plaintiff while committing a breach of a statute. 
E) Because there is no separate tort of breach of a statutory duty, a court cannot consider the effect of a statute when it formulates the standard of care.

Question 16

Luke sued Michelle for negligence.In formulating the standard of care, the court will properly consider whether or not

Accepted Answer

A) Michelle has liability insurance. 
B) Luke has personal injury insurance. 
C) there was great social utility to the act that Luke was performing when he was injured. 
D) Michelle took precautions against reasonable foreseeable risks. 
E) a reasonable person in Luke's position would have realized that Michelle's actions might cause damage. 
A) Michelle has liability insurance. 
B) Luke has personal injury insurance. 
C) there was great social utility to the act that Luke was performing when he was injured. 
D) Michelle took precautions against reasonable foreseeable risks. 
E) a reasonable person in Luke's position would have realized that Michelle's actions might cause damage.

Question 17

Selena has cancer.She has sued the Tau Corp for negligence.She claims that her condition was caused by fumes that the Tau Corp carelessly allowed its factory to emit.Which of the following statements is TRUE with respect to the issue of causation?

Accepted Answer

A) If Selena proves that there is a 75 percent chance that her condition was caused by Tau Corp's carelessness, she will receive 75 percent of her damages. 
B) If Selena proves that there is a 50 percent chance that her condition was caused by Tau Corp's carelessness, she will receive 100 percent of her damages. 
C) If Selena proves that there is a 25 percent chance that her condition was caused by Tau Corp's carelessness, she will receive 25 percent of her damages. 
D) If Selena proves that there is a 51 percent chance that her condition was caused by Tau Corp's carelessness, Selena will recover 100 percent of her damages. 
E) If Selena proves that there is a 50 percent chance that her condition was caused by Tau Corp's carelessness, she will receive 50 percent of her damages. 
A) If Selena proves that there is a 75 percent chance that her condition was caused by Tau Corp's carelessness, she will receive 75 percent of her damages. 
B) If Selena proves that there is a 50 percent chance that her condition was caused by Tau Corp's carelessness, she will receive 100 percent of her damages. 
C) If Selena proves that there is a 25 percent chance that her condition was caused by Tau Corp's carelessness, she will receive 25 percent of her damages. 
D) If Selena proves that there is a 51 percent chance that her condition was caused by Tau Corp's carelessness, Selena will recover 100 percent of her damages. 
E) If Selena proves that there is a 50 percent chance that her condition was caused by Tau Corp's carelessness, she will receive 50 percent of her damages.

Question 18

Pishoy recently graduated from medical school and established a general practice in a small town.Unfortunately, one of his patients, named Rick, has been diagnosed with late-stage colon cancer.Pishoy could have discovered that condition much earlier by instructing Rick to undergo a colonoscopy.In accordance with standard practice, however, Pishoy generally instructs his male patients to undergo that type of test only after they turn 40.Rick has sued Pishoy for negligence.Which of the following statements is most likely to be TRUE?

Accepted Answer

A) Pishoy will be held liable because did not act as a reasonable professional would have acted. 
B) Because Pishoy is a relatively new physician, the court will lower the standard of care. 
C) The content of the standard of care would be the same whether Pishoy was a general practitioner or a specialist in colon cancer. 
D) in applying the standard of care, the court will be influenced by the quality of the medical school that Pishoy attended. 
E) Rick's claim will fail because Pishoy acted as a reasonable general practitioner would have acted. 
A) Pishoy will be held liable because did not act as a reasonable professional would have acted. 
B) Because Pishoy is a relatively new physician, the court will lower the standard of care. 
C) The content of the standard of care would be the same whether Pishoy was a general practitioner or a specialist in colon cancer. 
D) in applying the standard of care, the court will be influenced by the quality of the medical school that Pishoy attended. 
E) Rick's claim will fail because Pishoy acted as a reasonable general practitioner would have acted.

Question 19

Ocala Corp operated a factory that caused corrosive particles to drift in the air and land on a building that was owned by Broderick Inc.Those particles damaged the roof of the building.The damage could have been repaired immediately at a cost of $250 000, but Broderick did not have the money necessary to do so.It therefore sued Ocala in negligence.By the time the trial ended several years later, inflation had run rampant and the cost of repairing Broderick's roof has increased to $900 000.Because of the modern approach to the "thin wallet" rule, Ocala cannot possibly be held liable for more than $250 000.

Accepted Answer

A) True 
 B)False

Question 20

Dinar has sued Alpha Inc under the tort of negligence.The court must decide whether or not the company owed a duty of care to Dinar.Which of the following statements is TRUE?

Accepted Answer

A) The judge will require proof that someone within the company actually realized, as a matter of reasonable foreseeability, that someone might be hurt in the way that Dinar was hurt. 
B) If the relationship between Dinar and Alpha Inc falls within a recognized category of the duty of care, there is no need for the court to analyze the duty of care on a principled basis. 
C) The judge will require proof that the accident that injured Dinar was an inevitable outcome of the company's activities. 
D) While policy considerations may affect the measure of damages, it cannot affect the existence of a duty of care. 
E) Dinar must sue a person associated with Alpha Inc, rather than suing the company itself. 
A) The judge will require proof that someone within the company actually realized, as a matter of reasonable foreseeability, that someone might be hurt in the way that Dinar was hurt. 
B) If the relationship between Dinar and Alpha Inc falls within a recognized category of the duty of care, there is no need for the court to analyze the duty of care on a principled basis. 
C) The judge will require proof that the accident that injured Dinar was an inevitable outcome of the company's activities. 
D) While policy considerations may affect the measure of damages, it cannot affect the existence of a duty of care. 
E) Dinar must sue a person associated with Alpha Inc, rather than suing the company itself.

The case of Donoghue v Stevenson established the concept of

As a general rule, liability cannot be imposed under the tort of negligence if the defendant carelessly made a statement that caused the plaintiff to suffer a physical injury.

Demarcus sued Marguerite for negligence.She has relied on the defence of illegality.Which of the following statements is TRUE?

Identify and briefly explain three ways in which careless statements are significantly different, in a legal sense, than careless actions.

Which of the following is a defence to the tort of negligence?

Which of the following statements is TRUE with respect to the concept of remoteness?

Chantal has sued Phi Corp for negligence.Which of the following statements is TRUE with respect to the duty of care?

Which of the following statements is TRUE with respect to the standard of care that is applied to professionals?

Luke sued Michelle for negligence.In formulating the standard of care, the court will properly consider whether or not

Selena has cancer.She has sued the Tau Corp for negligence.She claims that her condition was caused by fumes that the Tau Corp carelessly allowed its factory to emit.Which of the following statements is TRUE with respect to the issue of causation?

Dinar has sued Alpha Inc under the tort of negligence.The court must decide whether or not the company owed a duty of care to Dinar.Which of the following statements is TRUE?

Risk Management and Sources of Law

Litigation and Alternative Dispute Resolution

Introduction to Torts

Intentional Torts

Miscellaneous Torts Affecting Business

The Nature and Creation of Contracts

Consideration and Privity

Representations and Terms

Contractual Defects

Discharge and Breach

Contractual Remedies

Special Contracts: Sale of Goods

Real Property: Interests and Leases

Real Property: Sales and Mortgages

Personal Property: Bailment and Insurance

Intellectual Property

Electronic Commerce

Agency and Other Methods of Carrying on Business

Basic Forms of Business Organizations

Legal Rules for Corporate Governance

Secured Transactions

Dealing With Bankruptcy and Insolvency

Government Regulation of Business

Individual Employment

Organized Labour

Online: Special Contracts: Negotiable Instruments

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Exam 6: Negligence

The case of Donoghue v Stevenson established the concept of

As a general rule, liability cannot be imposed under the tort of negligence if the defendant carelessly made a statement that caused the plaintiff to suffer a physical injury.

Demarcus sued Marguerite for negligence.She has relied on the defence of illegality.Which of the following statements is TRUE?

Identify and briefly explain three ways in which careless statements are significantly different, in a legal sense, than careless actions.

Which of the following is a defence to the tort of negligence?

Which of the following statements is TRUE with respect to the concept of remoteness?

Chantal has sued Phi Corp for negligence.Which of the following statements is TRUE with respect to the duty of care?

Which of the following statements is TRUE with respect to the standard of care that is applied to professionals?

Luke sued Michelle for negligence.In formulating the standard of care, the court will properly consider whether or not

Selena has cancer.She has sued the Tau Corp for negligence.She claims that her condition was caused by fumes that the Tau Corp carelessly allowed its factory to emit.Which of the following statements is TRUE with respect to the issue of causation?

Dinar has sued Alpha Inc under the tort of negligence.The court must decide whether or not the company owed a duty of care to Dinar.Which of the following statements is TRUE?

Risk Management and Sources of Law

Litigation and Alternative Dispute Resolution

Introduction to Torts

Intentional Torts

Miscellaneous Torts Affecting Business

The Nature and Creation of Contracts

Consideration and Privity

Representations and Terms

Contractual Defects

Discharge and Breach

Contractual Remedies

Special Contracts: Sale of Goods

Real Property: Interests and Leases

Real Property: Sales and Mortgages

Personal Property: Bailment and Insurance

Intellectual Property

Electronic Commerce

Agency and Other Methods of Carrying on Business

Basic Forms of Business Organizations

Legal Rules for Corporate Governance

Secured Transactions

Dealing With Bankruptcy and Insolvency

Government Regulation of Business

Individual Employment

Organized Labour

Online: Special Contracts: Negotiable Instruments

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