Exam 5: Negligence and Unintentional Torts

Andrew,a newly graduated lawyer,failed to do a proper title search of a property,which resulted in his clients actually owning only two-thirds of the property which they thought they had bought.Andrew will be held to the standard of care expected of the reasonable lawyer.

Marc intends to sue Colleen for negligence.As a general rule,absent any unusual circumstances,Marc will not win unless he can prove to the court that it is more likely than not that what he alleges about Colleen's actions is true.

A highly corrosive liquid that is stored on the property of Acme Waste Disposal leaks from its container and seeps into the foundations of the business next door,badly damaging the building.Acme will be liable only if the injured party can prove Acme was negligent.

Mr.Ma operated a dry cleaning plant.Even if there was no intention of harming anyone,he could still be sued by someone harmed by dry cleaning chemicals that escaped from his property.This is an example of what tort?

A and B entered a variety store owned by B.Unknown to A,B,or C the chocolate bar which A gave to B contained a piece of metal that had fallen into the chocolate mix when the candy bar was made.When B attempted to eat the chocolate,she damaged one of her teeth.She was obliged to have the tooth repaired by a dentist,and in addition,lost a day's work because of the painful injury to her mouth.Her total loss amounted to $300.00. The manufacturer is vicariously liable for the negligence of his employees in the making of the chocolate bar. C.A purchased two chocolate bars from C,and gave one to

A and B entered a variety store owned by B.Unknown to A,B,or C the chocolate bar which A gave to B contained a piece of metal that had fallen into the chocolate mix when the candy bar was made.When B attempted to eat the chocolate,she damaged one of her teeth.She was obliged to have the tooth repaired by a dentist,and in addition,lost a day's work because of the painful injury to her mouth.Her total loss amounted to $300.00. B was careless in eating the chocolate bar,and therefore was responsible for her own injury.C.A purchased two chocolate bars from C,and gave one to

A and B entered a variety store owned by B.Unknown to A,B,or C the chocolate bar which A gave to B contained a piece of metal that had fallen into the chocolate mix when the candy bar was made.When B attempted to eat the chocolate,she damaged one of her teeth.She was obliged to have the tooth repaired by a dentist,and in addition,lost a day's work because of the painful injury to her mouth.Her total loss amounted to $300.00 The only person liable for B's injury would be the employee of the manufacturer who made the chocolate bar.C.A purchased two chocolate bars from C,and gave one to

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 would be liable for the injury suffered by A when A slipped on the sidewalk in front of his shop,because he should have foreseen the possibility of injury to customers when he failed to remove the ice.

Seth owns a large plot of land on which he plants pear trees.These pears are his sole income and have earned him a reputation as a premier grower.His neighbour owns two horses which constantly break through the fence separating the two properties and maraud Seth's pear trees,costing him lost profits,decreasing production and causing general damage to the orchard.Seth would have valid grounds for a claim of nuisance.

In this era of global trade,discuss the legal issues of which both manufacturers and consumers of imported products should be aware.

A and B entered a variety store owned by B.Unknown to A,B,or C the chocolate bar which A gave to B contained a piece of metal that had fallen into the chocolate mix when the candy bar was made.When B attempted to eat the chocolate,she damaged one of her teeth.She was obliged to have the tooth repaired by a dentist,and in addition,lost a day's work because of the painful injury to her mouth.Her total loss amounted to $300.00. A may take legal action against C,since C sold the chocolate bar.C.A purchased two chocolate bars from C,and gave one to

Which of the following is a NOT a defence to negligence?

Mr.Ma operated a dry cleaning plant.Even if there was no intention of harming anyone,he could still be sued by someone harmed by dry cleaning chemicals that escaped from his property.This is an example of what principle of tort law?

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 has strict liability for any injury to A,because he was the owner of the sidewalk.

A and B entered a variety store owned by B.Unknown to A,B,or C the chocolate bar which A gave to B contained a piece of metal that had fallen into the chocolate mix when the candy bar was made.When B attempted to eat the chocolate,she damaged one of her teeth.She was obliged to have the tooth repaired by a dentist,and in addition,lost a day's work because of the painful injury to her mouth.Her total loss amounted to $300.00. B may take legal action against A,since it was A who gave her the chocolate bar.C.A purchased two chocolate bars from C,and gave one to

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.A was the author of her own misfortune,because she should have foreseen the risk of injury by walking on an icy sidewalk.

A seventy-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 arm.In an action by her against the company that had the responsibility of maintaining the escalator,the defendant company would argue which of the following for its best defence?

A and B entered a variety store owned by B.Unknown to A,B,or C the chocolate bar which A gave to B contained a piece of metal that had fallen into the chocolate mix when the candy bar was made.When B attempted to eat the chocolate,she damaged one of her teeth.She was obliged to have the tooth repaired by a dentist,and in addition,lost a day's work because of the painful injury to her mouth.Her total loss amounted to $300.00. B may take legal action against the manufacturer of the chocolate bar,because the manufacturer was careless in making the bar. C.A purchased two chocolate bars from C,and gave one to

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. Sam is liable for the injury to the child,because he had not warned his neighbours that the pool had been drained of water.

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. Historically,the courts have imposed strict liability for loss on persons that keep dangerous things on their property.The rattlesnake would probably be classed in such a way by the court.