Deck 18: Common Issues in Contract, Tort, Dispute Resolution and Expert Evidence

Question 1

An employment contract could contain an exclusion clause that prevents the employer from recovering from the employee damages the employer has to pay under the doctrine of vicarious liability.

Answer 1

True

Question 2

What is the name of the limitation period that will bar a claim for a latent defect found 80 years after a building was constructed?

Answer 2

The ultimate limitation period.

Question 3

A patent defect is one which:

A) would only be obvious to an expert
B) could not be discovered until after the structure containing the defect had failed, at which point it would be obvious that there was a defect
C) is an obvious defect that can be discovered upon a reasonable inspection
D) none of the above

Answer 3

is an obvious defect that can be discovered upon a reasonable inspection

Question 4

In which of the following relationships is there vicarious liability?

A) employer-employee
B) owner-contractor
C) owner-architect
D) all of the above

Question 5

Upon being issued a demand for documents, a party must produce all relevant documents.

Question 6

What is the purpose of the pleadings in a lawsuit?

Question 7

What name is given to the process whereby the parties agree to arbitrate after the dispute has arisen, and agree that the arbitrator will make a final decision?

A) mandatory binding arbitration
B) voluntary binding arbitration
C) mandatory non-binding arbitration
D) voluntary non-binding arbitration

Question 8

Which of the following is not true regarding experts?

A) experts must remain neutral at all times
B) experts cannot agree to payment contingent on the outcome of the litigation
C) experts should insist that there is only one answer to every technical problem
D) experts should decline to testify if they cannot honestly offer an opinion that supports the case of the party who hired them

Question 9

Explain the potential conflict of interest experts face when testifying at trial. What mechanisms are implemented to mitigate this conflict and ensure objective expert testimony?