Exam 5: Negligence and Unintentional Torts

Sam had a swimming pool in the rear yard of his suburban home.The pool was enclosed on all sides by a 1.2-metre high wire fence,and entry to the pool area was by a gate,which Sam occasionally locked.One day,Sam drained the pool in order to have some repair work done,and accidentally left the gate closed but unlocked.A small four-year-old child who lived in the next house to Sam entered the pool area by climbing over the fence,and was injured when he fell into the empty pool. The child's parents would be entirely at fault for allowing the child to enter on Sam's property without supervision.

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(True/False)

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Question 1

Correct Answer:

Verified

False

A community ice rink posted a sign at the facility stating that persons using the rink are responsible for damage or injury which they may incur.While taking a break from a hockey game,Wayne took a seat on the bench.A faulty light used to illuminate the ice surface exploded causing severe burns to Wayne.Using the principles of volenti non fit injuria and res ipsa loquitur discuss the success of Wayne's attempt to sue the community.

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(Essay)

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Question 2

Correct Answer:

Verified

Wayne will use res ipsa loquitur as a foundation for a claim of negligence.The principle shifts the burden of proof to the defendant municipality to show that it was not negligent in the installation or maintenance of the light.Wayne will argue that he has no specific knowledge about how the light exploded to cause his injuries,however there must have been negligent action or omission by the municipality for the explosion to have occurred.The municipality's defence of volenti non fit injuria will not likely be successful.To argue this defence,there must be some foreseeable relationship between the plaintiff's activity at the ice rink and injury occurring from the light.While there is a foreseeable risk of harm involved in playing hockey or watching a hockey game,injuries from an exploding light are not foreseeable in this context.The municipality will have to show that it was not negligent to avoid liability.This may be true if the explosion was caused by other factors such as a unique manufacturer's defect.

As a result of an explosion while plugging the Wonder "C" Model widget into an electrical socket,Tina was left in a coma for nine years.When she regained consciousness,she wished to bring legal action against the manufacturer,ACME Widget Co.,for her injuries.She did not remember much about the events that surrounded the explosion.While doing some research for her case she discovered that there had been an electrical storm on the evening she was using the Wonder "C" when it exploded.Which of the following legal principles would the manufacturer of the widget not be entitled to use?

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(Multiple Choice)

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Question 3

Correct Answer:

Verified

Mr.Ma operated a dry cleaning plant.Even if there was no harm or any intention of harming anyone,he could still be sued for the mere fact that dry cleaning chemicals escaped from his property.No damages resulted.If the plaintiff were successful what kind of damages would the court most likely award?

(Multiple Choice)

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Question 4

The Central Hospital,Dr.Cuttham,a surgeon,and the operating room staff are sued by Mrs.Mullen because a scalpel was left in her abdomen after an operation for a burst appendix.It is unclear how the scalpel was missed. i.The hospital will be liable if the operating room staff employed by it is found to have been negligent. ii.Mrs.Mullen must prove on the balance of probabilities that the defendants had the sole care and control of the operating room. iii.Mrs.Mullen must prove on the balance of probabilities that,unless someone has been negligent,scalpels are not left in abdomens after operations. iv.Mrs.Mullen must prove on the balance of probabilities that a reasonable surgeon has a duty of care to ensure that no foreign objects are left inside a patient,that Dr.Cuttham failed to do,and that she was injured because of this. v.Dr.Cuttham will be held liable if he cannot show that he took all reasonable care and the scalpel was left by someone else.

(Multiple Choice)

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Question 5

Dennis is the owner of a successful real estate company.His agents are provided with automobiles so they can complete deals more efficiently.One of Dennis' employees takes poor care of his car and frequently produces mechanic's bills for repairs.The last bill indicated that the car was no longer mechanically safe for the road.The employee,when confronted by Dennis with the threat of legal action if he did not repay the excessive maintenance costs for the car,was uncooperative.Shortly thereafter the car,which was occupied by the employee driver and a prospective buyer,skidded out of control seriously injuring the client and destroying the vehicle.With Dennis facing legal action by the client,the employee showed no remorse,refused to compensate for any damages and again dismissed Dennis' threats of legal action.

(Multiple Choice)

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Question 6

Ping drove his automobile into a parking lot and,in doing so,collided with the side of a parked automobile that was owned by Nelson.Because a motor vehicle is a dangerous object,Ping is strictly liable for any damage caused by his vehicle.

(True/False)

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Question 7

Manish,a hairdresser,applied too much peroxide to Meagan's hair when he was colouring it,causing it to break off at the roots.Meagan will be held to the standard of care of the reasonable hairdresser.

(True/False)

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Question 8

Jean and Donald hired a lawn care company to come to their house and spray for dandelions,which had overtaken their lawn.When the spraying was completed the chemical had not only killed the dandelions,but had destroyed the grass to an irreversible state.When the company investigated,it found that the acid content of the soil had caused the reaction.The company stated that the reaction is so rare it seldom does preliminary acid tests and tried to downplay the situation.Jean and Donald are contemplating legal action.

(Multiple Choice)

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Question 9

Terri was injured by an exploding pop bottle.She lost time from work,for which she was not paid,and had to undergo several painful operations.Her right eye was badly damaged and she will lose the sight in it over the next few years.If she wins her case against the manufacturer of the pop bottle,she will be entitled to i.an injunction. ii.an order of replevin. iii.nominal damages iv.punitive damages. v.special damages vi.general damages.

(Multiple Choice)

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Question 10

Initially,under tort theory,only deliberate direct injury was open to action,and compensation payable was open to consideration based on the actual loss suffered by the plaintiff.

(True/False)

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Question 11

Teresa is suing the Driver Trucking Co.because she was injured when one of their trucks negligently crashed into the bus shelter in which she was standing.Since Driver Trucking can do nothing to protect itself from its driver's negligence,it is unfair to hold the company liable for its employee's actions.

(True/False)

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Question 12

James and Mary are artists who have a studio in an industrial part of the city.They decide to live in the studio,which is not against local zoning bylaws,but find themselves disturbed at night by the noise and light from a nearby railway marshalling yard.They decide to institute a nuisance suit against the railway since their enjoyment of their property has been seriously affected.They will be unsuccessful.

(True/False)

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Question 13

Jacques captured a large rattlesnake while on a camping trip,and brought it home to his apartment in the city.He kept the snake in a glass aquarium which he had covered with a wire screen.One day,after feeding the snake,he accidentally failed to fasten down the screen cover,and the snake escaped from the aquarium.The snake managed to enter the adjoining apartment by way of an open balcony door.The occupant of the adjoining apartment was bitten and seriously injured when she accidentally stepped on the snake Jacques would not be liable for the injury to his neighbour,because she was bitten as a result of her own carelessness.

(True/False)

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Question 14

Ping drove his automobile into a parking lot and,in doing so,collided with the side of a parked automobile that was owned by Nelson.Ping would be liable for the damage to Nelson's automobile if Ping was negligent in the operation of his motor vehicle.

(True/False)

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Question 15

Jacqui and Penny decided to go into partnership in a small baseball equipment manufacturing firm.Jacqui raised $250,000 start-up funds,in large part on the basis of documents which she forged.These documents purported to show that they owned their factory,when in fact,they merely leased it.Jacqui spent all of the money on herself,and she now has no assets and has been jailed for 10 years.The creditors have contacted Penny and told her they will hold her liable for the loss.

(Multiple Choice)

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Question 16

Four of the five following elements,when proved against a defendant,would constitute a successful action in negligence.Which one of the five would not?

(Multiple Choice)

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Question 17

On a cold winter day,A slipped on the icy sidewalk at the entrance to B's shop.A injured her ankle as a result of the fall,and B hired a taxi to have her taken to the hospital to have her injured ankle examined.On the way to the hospital another automobile collided with the taxi,and A was seriously injured.B is liable for the injury to A as a result of the automobile accident,because she would not have been travelling in the taxi if she had not injured her ankle at B's store.

(True/False)

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Question 18

The basic premise upon which tort liability is founded is that individuals and corporations living in a civilized society will not (and should not)intentionally cause injury to one another or others' property.

(True/False)

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Question 19

Arthur,who is a member of the maintenance staff of Gordon's Mall,was mending one of the revolving entry doors when he realised that he was missing an essential tool.He placed an "Out of Order" sign on the door,and went to get the tool.Due to an emergency caused by a washroom flood,he was gone for longer than he expected.Not long after he left,the sign fell off the door,and,while Susan,Antoinette and Gloria were entering,the door collapsed,seriously injuring all three women.Susan was on her way to the pet store to buy cat food,Antoinette came to the mall to get decorating ideas from the paint and wallpaper shop,but was not going to buy anything,and Gloria,thinking she was dying,confessed that she was on her way to rob the jewellery store. a.Who would they sue and why? b.Identify what,if any,duty of care is owed to each woman,and discuss whether any of them could win a negligence suit.

(Essay)

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Question 20

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Exam 5: Negligence and Unintentional Torts

Ping drove his automobile into a parking lot and,in doing so,collided with the side of a parked automobile that was owned by Nelson.Because a motor vehicle is a dangerous object,Ping is strictly liable for any damage caused by his vehicle.

Manish,a hairdresser,applied too much peroxide to Meagan's hair when he was colouring it,causing it to break off at the roots.Meagan will be held to the standard of care of the reasonable hairdresser.

Initially,under tort theory,only deliberate direct injury was open to action,and compensation payable was open to consideration based on the actual loss suffered by the plaintiff.

Ping drove his automobile into a parking lot and,in doing so,collided with the side of a parked automobile that was owned by Nelson.Ping would be liable for the damage to Nelson's automobile if Ping was negligent in the operation of his motor vehicle.

Four of the five following elements,when proved against a defendant,would constitute a successful action in negligence.Which one of the five would not?

The basic premise upon which tort liability is founded is that individuals and corporations living in a civilized society will not (and should not)intentionally cause injury to one another or others' property.

The Law and the Legal System

The Judicial System and Alternative Dispute Resolution

Business Regulation

Intentional Torts

Special Tort Liabilities of Business Professionals

An Introduction to the Legal Relationship

The Requirement of Consideration

Legal Capacity to Contract and the Requirement of Legality

The Requirements of Form,writing and Privacy

Failure to Create an Enforceable Contract

The Extent of Contractual Rights

Performance of Contractual Obligations

Breach of Contract and Remedies

Law of Agency

Law of Sole Proprietorship and Partnership

Corporation Law

Securities Regulation

Employment and Labour Relations

The Law of Bailment

The Sale of Goods

Interests in Land

The Law of Mortgages

Leasehold Interests

Commercial and Residential Real-Estate Transactions

Intellectual Property,patents,trademarks,copyright and Franchising

Consumer-Protection Legislation

Law of Negotiable Instruments

Security for Debt

Bankruptcy and Insolvency

Insurance Law

Restrictive Trade Practices

International Business Law

Environmental Law

What are the requirements under Canada's Anti-Spamming Legislation?

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