Deck 4: Specific Issues in Tort Law

Question 1

Fiduciary duty includes concepts such as trust, honesty and good faith.

Answer 1

True

Question 2

A lawyer has been sued by a client for breach of contract because she failed to give proper advice. The client will be successful if the lawyer has not performed the legal services at the standard of a reasonable person.

Answer 2

False

Question 3

In the scenario above, Rebecca may be successful in a legal action against the manufacturer of the chocolate bar, because the manufacturer was careless in making the bar.

Answer 3

True

Question 4

A manufacturer of goods that are sold to the public has strict liability.

Question 5

Occupiers are the owners of property that others may come onto.

Question 6

In the scenario above, the manufacturer of the chocolate bar has strict liability, if the product it manufactures causes injury.

Question 7

In the scenario above, Rebecca was careless in eating the chocolate bar and therefore responsible for her own injury.

Question 8

Consumer Protection legislation imposes labelling regulations on manufacturers.

Question 9

Professionals should have rules and guidelines for how members of their profession need to conduct their business.

Question 10

Manufactures have a responsibility to the public to create and sell safe products.

Question 11

In the scenario above, the manufacturer is vicariously liable for the negligence of its employees in the making of the chocolate bar.

Question 12

The Sampson Hair Products company is sued by a user who contracted a painful rash from using its shampoo. If Sampson manufactured the product in the same way and to the same standard as a reasonable shampoo manufacturer, and the rash was simply the result of an unusual allergy, Sampson will not be held liable.

Question 13

Manufacturers of goods can be exempt from liability if they do a "recall" of their product.

Question 14

A well drafted retainer agreement can exclude a professional from claims for professional negligence.

Question 15

Sara and Rebecca entered a variety store owned by Charles. Sara purchased two chocolate bars from Charles, and gave one to Rebecca. Unknown to Sara, Rebecca, or Charles the chocolate bar that Sara gave to Rebecca contained a piece of metal that had fallen into the mixture when the chocolate bar was made. When Rebecca 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 $1,200.00. Sara may be successful in an action against Charles since Charles sold the chocolate bar.

Question 16

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

Question 17

Professionals can reduce their potential liability by having a well-drafted retainer agreement.

Question 18

Consumer Protection legislation defines danger to human health or safety as an existing or potential unreasonable hazard from the use of a product.

Question 19

Professionals have a fiduciary duty to their clients.

Question 20

An engineer made a serious design error when designing a bridge. The bridge collapsed and a pedestrian who was crossing the bridge at the time was seriously injured. The pedestrian will be successful in a suit against the engineer in negligence if the engineer failed to meet the standard of the reasonable person when he designed the bridge.

Question 21

For the purposes of professional liability, a professional is anyone with

A) Knowledge or experience that most people have
B) Knowledge or experience that is widely available
C) Knowledge or experience in a particular field
D) Knowledge or experience that is not widely available

Question 22

An accounting firm made serious errors in providing audited financial statement to ABC Limited. These statements are used by management, shareholders, and potential shareholders.

A) Potential shareholders who relied on these statements may succeed in suing the accounting firm in contract if the accounting firm has not acted according to the reasonable-person standard
B) Potential shareholders who relied on these statements may succeed in suing the accounting firm in negligence if the accounting firm has not acted according to the standard set for accounting firms
C) Potential shareholders who relied on these statements may succeed in suing the accounting firm in contract if the accounting firm has not acted according to the standard set for accounting firms
D) Potential shareholders who relied on these statements may succeed in suing the accounting firm in negligence if the accounting firm has not acted according to the reasonable-person standard

Question 23

George was having a Stanley Cup party. He purchased various food items so his guests could make their own sandwiches. One of these items was Hanes ketchup, which George had transferred to a bowl to make it easier for his guests to use. One guest, James, made himself a sandwich using that ketchup. He warned others not to use the ketchup as he said his sandwich tasted funny. James became quite ill and had to go to the hospital. It was determined that the original ketchup bottle was contaminated before George bought it. George had just bought it that day from his corner store, which had obtained it from its distributor ABC Ltd., which had bought it directly from the manufacturer, Hanes Co. Based on this scenario, which of the following is true?

A) James could successfully sue the corner store for negligence as the seller of the product
B) James could successfully sue ABC Ltd., for negligence as the distributor of the product
C) James could successfully sue Hanes Co., for negligence as the manufacturer of the ketchup
D) James could successfully sue George for negligence because George bought the ketchup

Question 24

Customers who come into your store during business hours are invitees.

Question 25

A business person has a high standard of care to ensure their premises are safe for invitees.

Question 26

A professional's liability can be based on

A) Contract or fiduciary duty
B) Fiduciary duty or tort
C) Contract or tort
D) Contract, tort or fiduciary duty

Question 27

Occupiers have an obligation to ensure their premises are safe and the standard of care will depend on the situation.

Question 28

Which of the following is true with regard to the liability of an occupier of land?

A) A tenant cannot be liable; only the owner can be sued
B) The standard of care is set by provincial statute and may be different in each province
C) The standard of care is set by a federal statute and is the same for all provinces
D) An occupier owes a duty to "licencees"

Question 29

Occupiers' liability acts protect an owner from being held responsible for a legal action by a trespasser.

Question 30

In Canada, manufacturers of goods that are inherently dangerous must:

A) Warn customers and take all possible steps to ensure product is safe
B) Warn customers but take no reasonable steps to ensure product is safe
C) Warn customers and take all reasonable steps to ensure product is safe
D) Warn customers but take no possible steps to ensure product is safe

Question 31

As an occupier of premises, a businessperson should know that they have a legal responsibility to keep their premises safe. Which of the following best describes the categories this responsibility extends to?

A) Invitees, licensees, and trespassers
B) Invitees, licensees, but not trespassers
C) Invitees and licensees
D) Invitees and trespassers

Question 32

Owners have no legal responsibility to a licensee.

Question 33

In the case of Crocker v Sundance, Mr. Crocker was an invitee to the ski resort. The Supreme Court of Canada held that as an invitee:

A) Mr. Crocker was responsible for his own injuries because he was intoxicated and Sundance owed him no duty of care
B) Sundance was responsible for his injuries because he was intoxicated and Sundance owed him a duty of care
C) Mr. Crocker was partially responsible for his own injuries because he was intoxicated and Sundance owed him no duty of care
D) Sundance was partially responsible for his injuries because he was intoxicated and Sundance owed him a duty of care

Question 34

A licensee is a person or organization that enters the land of the occupier with permission.