Question 1

Andreas has sued Kathryn for negligence.Kathryn argues that she did not owe a duty of care to Andreas.Which of the following statements is TRUE?

Accepted Answer

A)  The court cannot recognize a duty of care if Andreas was injured as a result of Kathryn's omission, rather than by her action.
B)  The court may refuse to recognize a duty of care even if it was reasonably foreseeable that Andreas might be injured as a result of Kathryn's carelessness, on grounds that public policy does not permit the extension of the duty of care to this relationship.
C)  A court may recognize a duty of care even if it was not reasonably foreseeable that Andreas might be injured as a result of Kathryn's carelessness.
D)  The court cannot recognize a duty of care if Kathryn was Andreas's mother.
E)  The court cannot recognize a duty of care if Andreas and Kathryn were parties to the same contract.F) A) and C)
G) C) and D)

Question 2

Oprah suffered a broken collarbone as a result of Sheldon's negligence.She later suffered a broken foot as a result of Tom's negligence.Tom dropped a heavy box on Oprah's foot while she was getting out of her car at her physiotherapist's office.She was visiting her physiotherapist for rehabilitation of her collarbone.She would not have been in that parking lot, and therefore would not have suffered a broken foot, if Sheldon had not negligently caused the first injury.Which of the following statements is most likely TRUE?

Accepted Answer

A)  Tom is liable for contributory negligence because he added to Oprah's list of injuries.
B)  A court will deny damages on the basis that Oprah voluntarily assumed the risk of being injured in the parking lot.
C)  Tom did not owe a duty of care to Oprah because she was already injured.
D)  If Oprah's injuries cause her to miss work, she will be able to recover full damages from Tom and again from Sheldon.
E)  The court will use the doctrine of intervening acts in order to decide whether Sheldon is liable for Oprah's broken foot.F) None of the above
G) A) and B)

Question 3

The thin skull doctrine applies to the case in which the plaintiff eventually would have suffered the same injury even if the defendant did not act carelessly.That doctrine imposes liability, but only to the extent that the defendant's carelessness caused the plaintiff to suffer the injury early.

Accepted Answer

A) True 
 B)False

Question 4

After Mustaffa paid a price of $50 to X-Adventure Inc, the company allowed him to jump off a low bridge while tied to a bungee cord.He was injured when the bungee cord broke and he fell to the ground.X-Adventure denies liability on the basis of a document that Mustaffa carefully read and signed before jumping from the bridge.The relevant portion of that document said that Mustaffa accepted "only the physical risk of injury." A court will probably reject Mustaffa's claim in negligence on the basis of the defence of voluntary assumption of risk.

Accepted Answer

A) True 
 B)False

Question 5

Chyna acted as Evan's accountant.In the course of her professional duties, she made a mistake that caused Evan to lose $100 000.Evan has sued Chyna for negligence.She claims, however, that she did not breach the standard of care.Chyna can avoid liability by proving that

Accepted Answer

A)  her carelessness occurred while she was performing a contractual obligation.
B)  she was inexperienced at the time of the mistake and by proving that a reasonable novice accountant might have made the same mistake.
C)  although some professional accountants would have avoided the mistake that she committed, she merely committed an error of judgment.
D)  she was not really a qualified accountant, even though she had told Evan that she was.
E)  Evan paid her less than the market rate.F) A) and B)
G) All of the above

Question 6

The concept of remoteness

Accepted Answer

A)  arises for consideration under concept of duty of care.
B)  asks whether a person in the plaintiff's position could have reasonably foreseen that loss that occurred because of a breach of care.
C)  is relevant only if the defendant in fact carelessly caused the plaintiff's loss.
D)  is treated as a defence to the action in negligence.
E)  is most closely connected to the concept of the standard of care.F) C) and D)
G) A) and E)

Question 7

Chloe sued Vincent for negligence.He has relied on the defence of contributory negligence.That defence may be successful only if the evidence proves that

Accepted Answer

A)  it was reasonably foreseeable that a careless act by Chloe might inflict a loss upon Vincent.
B)  Chloe actually knew that she might injure herself if she acted carelessly.
C)  Chloe's carelessness created one injury and Vincent's carelessness caused a different injury.
D)  Chloe failed to act like a reasonable person would have acted in her circumstances.
E)  Chloe and Vincent cooperated in creating the actual accident that injured Chloe.F) All of the above
G) A) and C)

Question 8

Tyrek has sued Cassandra for negligence.The only issue at trial is whether or not Cassandra breached the standard of care.The parties agree that the court must use the reasonable person test, but they cannot agree on the identification of the reasonable person.Is it Tyrek? Cassandra? The judge? Explain your answer and indicate why the law provides that answer.

Accepted Answer

The reasonable person is not Tyrek, Cass...

Question 9

You work as a risk management advisor for Sigma Ltd.Sigma Ltd intends to place a new type of widget on the market.It wants to know what steps it should take with respect to warning people about the dangers associated with that type of widget.Which of the following statements is TRUE?

Accepted Answer

A)  Sigma Ltd only needs to issue a warning to people who purchase widgets.
B)  Sigma Ltd only needs to issue a warning with respect to dangers that it is aware of before the widgets are sold.
C)  Sigma Ltd only needs to issue a warning with respect to dangers that arise when a widget is used for its intended purpose.
D)  Sigma Ltd is not required to warn about every possible danger that it knows about when a widget is sold.The warning must be reasonable.
E)  As the manufacturer, Sigma Ltd is the only party that could be required to issue a warning.F) All of the above
G) A) and D)

Question 10

In determining whether or not the defendant can escape liability on the basis of the defence of illegality, a court is most influenced by the extent to which the plaintiff's illegal act involved violence or the threat of violence.

Accepted Answer

A) True 
 B)False

Question 11

Nelson has sued Shaniqua under the tort of negligence.A duty of care is most likely to be recognized by a court if

Accepted Answer

A)  Nelson was injured by Shaniqua's carelessness while she carried him during pregnancy.
B)  Nelson suffered a pure economic loss as a result of relying upon a financial statement that Shaniqua had prepared for private use by another person.
C)  Nelson was injured by a driver who had become obviously intoxicated while drinking to excess at Shaniqua's tavern.
D)  Nelson lost his entire retirement fund because Shaniqua, who had been appointed by the government to regulate investment brokers, carelessly failed to notice that Nelson's broker was dishonest.
E)  despite being a complete stranger to Nelson, Shaniqua easily could have saved him from nearly dying by drowning.F) None of the above
G) B) and D)

Question 12

The Town of Sussex Corner owned a bridge.Ruby negligently damaged the bridge by ramming it with a boat.At that point, it would have cost $30 000 to repair the bridge.Before the town could do so, however, Oswald negligently rammed the bridge in a different spot with his own boat.The town had the damage from both incidents repaired at the same time for a total cost of $50 000.Which of the following statements is most likely to be TRUE?

Accepted Answer

A)  Oswald's conduct falls under the heading of contributory negligence.
B)  Sussex Corner has the option of recovering $50 000 from either Ruby or Oswald.
C)  Ruby and Oswald are jointly and severally liable for the full loss.
D)  Ruby will not be held liable at all because Oswald's negligence is an intervening act.
E)  Oswald may be held liable for some damages even though Ruby had already damaged the bridge.F) A) and B)
G) B) and E)

Question 13

Which of the following statements is TRUE with respect to the test that Canadian judges apply to determine the existence of a duty of care?

Accepted Answer

A)  Policy concerns usually relate to the relationship between the parties.
B)  Proximity concerns usually relate to the effect that a duty of care would have on society generally.
C)  Canadian judges now use a three-part test, but they previously used a two-part test.
D)  The fear of opening the floodgates is usually addressed under the heading of reasonable foreseeability.
E)  The fear of interfering with political decisions is usually addressed under the heading of proximity.F) B) and D)
G) B) and E)

Question 14

Remy invited his friend, Fabiola, to ride on his handlebars as he cycled down a large hill.Fabiola initially refused because neither she nor Remy had ever tried that stunt before.Remy, however, was persistent.He told her that he had seen plenty of people riding on handlebars and he said that it did not look particularly difficult.Fabiola finally agreed.Halfway down the hill, the pair crashed and Fabiola suffered significant injuries.She has sued Remy for negligence.On what basis is Remy most likely to avoid or reduce his potential liability?

Accepted Answer

A)  Fabiola committed contributory negligence when she placed herself in a dangerous situation.
B)  Fabiola committed an illegal act because there is a law that prohibits riding on a bike's handlebars.
C)  Fabiola voluntarily assumed the risk because she freely chose to sit on Remy's handlebars despite knowing that he had no experience with that stunt.
D)  Fabiola was not owed a duty of care because Remy did not foresee the accident that occurred.
E)  Fabiola's decision to sit on the handlebars constituted an intervening act between Remy's original invitation and the accident.F) A) and B)
G) B) and E)

Question 15

"Liability in negligence is an all-or-nothing proposition." Is that statement true? How is that statement related to the concept of a "balance of probabilities"? Explain your answers.

Accepted Answer

The opening statement is generally true....

Question 16

Shamar works as a financial adviser.He was recently asked by the Upsilon Corp to produce a report.Because Upsilon Corp is involved in a highly complex and highly volatile field, Shamar is very concerned about making a mistake and being held liable to the company.The company is sympathetic to that concern, and is therefore willing to make some concessions in its contract with Shamar.Assuming that he wants to perform the project, what should he do, from a risk management standpoint, to avoid the possibility of liability to the company.Provide the single best answer to that question.

Accepted Answer

Shamar should protect himself by inserti...

Question 17

Arsenio was injured by a product that had been manufactured by Magic Enterprises Inc.Which of the following statements is TRUE with respect to Arsenio's claim against the company for product liability?

Accepted Answer

A)  Because liability for defective products in Canada is strict, Arsenio does not have to prove that Magic acted carelessly.
B)  It will be easier for Arsenio to win if his claim is based on an allegation of careless manufacture, rather than an allegation of careless design.
C)  If Arsenio's injury occurred after he used the company's product in an improper way, there is no chance that the company will be held liable.
D)  The learned intermediary rule will apply if Arsenio uses a lawyer to bring his claim against the company.
E)  The company may be held liable in contract, but never in tort, if Arsenio bought the harmful product directly from the company.F) C) and E)
G) A) and C)

Question 18

Bettina works as a financial advisor.Cory had hired Bettina to help him prudently invest money that he had inherited from his parents.Unfortunately, very little of that money remains.Cory claims that he suffered substantial financial losses as a result of following Bettina's careless advice.Because the dispute arose between a professional advisor and her client, Cory must sue Bettina for the tort of professional negligence rather than the general tort of negligence.

Accepted Answer

A) True 
 B)False

Question 19

Dashawn was severely injured while participating in a "fitness challenge" that was organized and operated by Zeta Inc.He has sued for negligence.Zeta relies on the defence of voluntary assumption of risk.In support of that defence, Zeta has produced a "Disclaimer of Liability" that Dashawn signed.Which of the following statements is most likely to be TRUE?

Accepted Answer

A)  As a result of the Supreme Court of Canada's decision in Crocker v Sundance Northwest Resorts Ltd, the exclusion clause is presumed to be valid unless Zeta Inc was guilty of gross negligence.
B)  Zeta Inc will be relieved of liability only if the disclaimer clause applied to both the physical risk of injury and legal risk of injury, and only if it is contractually enforceable.
C)  Because of general contractual principles, the disclaimer clause would have protected Zeta Inc if Dashawn had sued for breach of contract, but it cannot protect the company from his claim in negligence.
D)  As a general rule, the disclaimer clause is effective only if Dashawn carelessly contributed to his own loss.
E)  If the defence applies, the court will reduce liability only to the extent that is fair, so that Dashawn will still recover some damages.F) A) and E)
G) D) and E)

Question 20

Zoe was injured last New Year's Eve in a traffic accident that was caused by Miles.The accident would not have occurred if Miles had not been drunk.Because Miles has no assets and is not worth suing, Zoe has instead sued Thelonious, who was in control of the premises where Miles became drunk.The judge must determine whether or not Thelonious owed a duty of care to Zoe.A duty is less likely to be imposed if

Accepted Answer

A)  without Thelonious' knowledge, Zoe had also been drinking alcohol immediately before the accident.
B)  Thelonious knew, on the basis of past experience, that Miles was likely to drive himself home after becoming drunk.
C)  Zoe was a regular customer at Thelonious' sports bar.
D)  Miles became drunk at Thelonious' sports bar after being served by an employee who has liability insurance.
E)  Miles became drunk while visiting Thelonious at home, than if Miles became drunk while visiting Thelonious' sports bar.F) C) and E)
G) B) and D)

Exam 6: Negligence

Correct Answer
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Correct Answer
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Nelson has sued Shaniqua under the tort of negligence.A duty of care is most likely to be recognized by a court if

Correct Answer
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In determining whether or not the defendant can escape liability on the basis of the defence of illegality, a court is most influenced by the extent to which the plaintiff's illegal act involved violence or the threat of violence.

Correct Answer
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Correct Answer
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The reasonable person is not Tyrek, Cass...
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Shamar should protect himself by inserti...
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The concept of remoteness

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Correct Answer
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The thin skull doctrine applies to the case in which the plaintiff eventually would have suffered the same injury even if the defendant did not act carelessly.That doctrine imposes liability, but only to the extent that the defendant's carelessness caused the plaintiff to suffer the injury early.

Correct Answer
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Andreas has sued Kathryn for negligence.Kathryn argues that she did not owe a duty of care to Andreas.Which of the following statements is TRUE?

Correct Answer
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Which of the following statements is TRUE with respect to the test that Canadian judges apply to determine the existence of a duty of care?

Correct Answer
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"Liability in negligence is an all-or-nothing proposition." Is that statement true? How is that statement related to the concept of a "balance of probabilities"? Explain your answers.

Correct Answer
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The opening statement is generally true....
View Answer

You work as a risk management advisor for Sigma Ltd.Sigma Ltd intends to place a new type of widget on the market.It wants to know what steps it should take with respect to warning people about the dangers associated with that type of widget.Which of the following statements is TRUE?

Correct Answer
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Chloe sued Vincent for negligence.He has relied on the defence of contributory negligence.That defence may be successful only if the evidence proves that

Correct Answer
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Arsenio was injured by a product that had been manufactured by Magic Enterprises Inc.Which of the following statements is TRUE with respect to Arsenio's claim against the company for product liability?

Correct Answer
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Chyna acted as Evan's accountant.In the course of her professional duties, she made a mistake that caused Evan to lose $100 000.Evan has sued Chyna for negligence.She claims, however, that she did not breach the standard of care.Chyna can avoid liability by proving that

Correct Answer
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Exam 6: Negligence

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Nelson has sued Shaniqua under the tort of negligence.A duty of care is most likely to be recognized by a court if

Correct AnswerverifiedShow Answer

In determining whether or not the defendant can escape liability on the basis of the defence of illegality, a court is most influenced by the extent to which the plaintiff's illegal act involved violence or the threat of violence.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedThe reasonable person is not Tyrek, Cass...View AnswerShow Answer

Correct AnswerverifiedShamar should protect himself by inserti...View AnswerShow Answer

The concept of remoteness

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

The thin skull doctrine applies to the case in which the plaintiff eventually would have suffered the same injury even if the defendant did not act carelessly.That doctrine imposes liability, but only to the extent that the defendant's carelessness caused the plaintiff to suffer the injury early.

Correct AnswerverifiedShow Answer

Andreas has sued Kathryn for negligence.Kathryn argues that she did not owe a duty of care to Andreas.Which of the following statements is TRUE?

Correct AnswerverifiedShow Answer

Which of the following statements is TRUE with respect to the test that Canadian judges apply to determine the existence of a duty of care?

Correct AnswerverifiedShow Answer

"Liability in negligence is an all-or-nothing proposition." Is that statement true? How is that statement related to the concept of a "balance of probabilities"? Explain your answers.

Correct AnswerverifiedThe opening statement is generally true....View AnswerShow Answer

You work as a risk management advisor for Sigma Ltd.Sigma Ltd intends to place a new type of widget on the market.It wants to know what steps it should take with respect to warning people about the dangers associated with that type of widget.Which of the following statements is TRUE?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Chloe sued Vincent for negligence.He has relied on the defence of contributory negligence.That defence may be successful only if the evidence proves that

Correct AnswerverifiedShow Answer

Arsenio was injured by a product that had been manufactured by Magic Enterprises Inc.Which of the following statements is TRUE with respect to Arsenio's claim against the company for product liability?

Correct AnswerverifiedShow Answer

Chyna acted as Evan's accountant.In the course of her professional duties, she made a mistake that caused Evan to lose $100 000.Evan has sued Chyna for negligence.She claims, however, that she did not breach the standard of care.Chyna can avoid liability by proving that

Correct AnswerverifiedShow Answer

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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The reasonable person is not Tyrek, Cass...
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Shamar should protect himself by inserti...
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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The opening statement is generally true....
View Answer

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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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