Question 1

As she exited her bank's building,Tallama's foot became entangled in a thick rope hanging from the building maintenance worker's window-washing platform onto the ground.Tallama lost her balance and broke her arm as she awkwardly hit the ground.Under which of the following torts will Tallama's lawyer most likely commence an action to recover damages?

Accepted Answer

The scenario involves an injury that occurred on the premises of the bank, so the relevant tort is occupiers' liability. The injury was caused by a hazard created by the building maintenance worker, namely the rope hanging from the window-washing platform. As a result, the occupier of the building, in this case, the bank, may be held liable for the injury suffered by Tallama.

Question 2

Which of the following is a valid criticism of the current state of the law with respect to occupiers' liability?

Accepted Answer

The blurring of classes, referring to the distinction between trespassers, licensees and invitees, can be problematic as it may result in confusion as to the extent of the occupier's duty of care owed to each class.

Question 3

Roger's soccer team completed the entry form and submitted the fee to participate in a local weekend promotional tournament.Several players in the opening games became nauseated and very ill due to exposure to residue from a pesticide sprayed on the fields an hour earlier.In formulating a legal argument,which of the following could be applied to reach the equivalent to the standard of care set by Manitoba occupiers' liability legislation?

Accepted Answer

B

Question 4

Under occupiers' liability legislation,which of the following are treated according to specialized rules in some jurisdictions?

Accepted Answer

The answer of Under occupiers' liability legislation,which of the following...

Question 5

In law,which of the following will probably be most influenced by the categorization of visitors according to distinctive classifications?

Accepted Answer

Categorizing visitors according to distinctive classifications is primarily used to determine the liability of the occupier. This is because the duty owed to visitors varies depending on their classification, and the occupier's potential liability for injuries or damages can be significantly impacted by the type of visitor involved. For example, the duty owed to a trespasser is generally more limited than the duty owed to a licensee or invitee, and therefore the occupier may have less liability for injuries sustained by a trespasser on their property. Overall, the categorization of visitors is a key factor in determining the extent of an occupier's legal responsibilities and potential liability under the law.

Question 6

A property owner is requesting that a group of people trespassing on his property leave immediately.In these circumstances,which of the following would a law professor most likely indicate to be a non-applicable common law principle?

Accepted Answer

The answer of A property owner is requesting that a...

Question 7

Roslyn was stopped on her way to her seat during the hockey game and asked to show her ticket,which she readily did.Why did the Roslyn have to comply with the usher's request to show her ticket?

Accepted Answer

Roslyn had to comply with the usher's request to show her ticket to prove that she had paid for the right to enter the premises. This is a standard practice at events to prevent non-paying guests from taking seats and to ensure that everyone in attendance has a fair chance to enjoy the event. Options A, B, and C are not relevant in this context.

Question 8

A young father's serious slip and fall injury could likely result in which of the following legal outcomes for the occupier?

Accepted Answer

The occupier could be held liable for damages for loss of future earning capacity if the father's injury prevents him from working and earning an income.

Question 9

A warranty that "the premises are as safe as reasonable care and skill on the part of anyone can make them" is synonymous with which of the following?

Accepted Answer

The answer of A warranty that "the premises are as...

Question 10

Which of the following would the authors of your text suggest is the most common occurrence that gives rise to a tort action in relation to commercial use of property?

Accepted Answer

The answer of Which of the following would the authors...

Question 11

With respect to unusual dangers,which of the following is a recent modification to the general rule with respect to an occupiers' responsibilities to licensees?

Accepted Answer

The recent modification to the general rule with respect to an occupiers' responsibilities to licensees is that liability arises from having reason to know about unusual dangers. This means that if the occupier should have known about the unusual danger, they can be held liable for any harm that befalls the licensee. It is no longer necessary for the occupier to have actual awareness of the hazard, as was previously required.

Question 12

Delmar Construction Inc.was unable to continue its apartment block construction project.Subsequent to the temporary suspension of construction,a child was seriously injured when he fell into the open basement portion of the building.These circumstances exemplify which of the following?

Accepted Answer

The circumstances described suggest that Delmar Construction Inc. temporarily abandoned the building project, leaving an open basement portion. As such, they may be considered the occupier of the property, and could be held liable for injuries that result from property conditions they created or allowed to persist. The child's injuries resulted from this condition, and therefore, Delmar could be liable under occupiers' liability. Neither A nor B applies in this situation, as they relate to intentional acts rather than negligence, and there is no indication that Delmar was acting with malice or attempting to create a nuisance. Contractual liability is also not applicable in this scenario since there is no indication that Delmar breached any contractual obligations.

Question 13

Alexis positioned his new fence exactly where he wanted it,even though it significantly encroaches his neighbour's property.Which of the following would immediately let Alexis know he has most likely erred on the wrong side of the law?

Accepted Answer

Encroaching on a neighbor's property without permission is considered trespassing and would require Alexis to defend an action for trespass. Negligent construction or occupiers' liability would be relevant if there were injuries or damages caused by the fence, while nuisance would involve excessive noise or disturbance rather than physical encroachment onto a neighbor's property.

Question 14

Which of the following provincial jurisdictions has abolished occupiers' liability altogether as a specialized category in law?

Accepted Answer

The answer of Which of the following provincial jurisdictions has...

Question 15

In law,the group of parties recognized as having the ability to exercise some degree of control over land or buildings on that land,is defined by which of the following terms?

Accepted Answer

An "occupier" is a legal term used to describe a person or group with control over land or buildings, often in the context of liability and responsibility for the premises.

Question 16

Jeremy placed caution signs around the area of the loading bay where the old concrete flooring had crumbled.The deterioration created an obscure depression,posing a hazard the unwary could easily step into.Which of the following is Jeremy's precautionary action most likely intended to have the greatest degree of influence?

Accepted Answer

The precautionary action of placing caution signs is intended to have the greatest degree of influence on invitees. Invitees are individuals who have been invited onto the property for a business purpose, such as customers or clients. It is the legal responsibility of the property owner or manager to ensure the safety of invitees while on the property, and the placement of warning signs is an important part of fulfilling this duty. While trespassers, licensees, and contractual entrants may also benefit from caution signs, their presence on the property is not usually permitted for business purposes and may not be the primary focus of property safety measures.

Question 17

Martina is meeting with a group of new trainees.One of management's main training goals is to improve employee awareness of the legal risks that can arise under occupiers' liability.Which of the following will Martina most likely stress as a distinguishing feature of this form of liability?

Accepted Answer

Occupiers' liability distinguishes between different classes of visitors (invitees, licensees, and trespassers) and assigns a different standard of care to each. This means that an occupier may owe a higher duty to an invitee (such as a customer) than to a licensee (such as a social guest) or a trespasser. The importance of paying for the right to enter (choice C) is not directly related to occupiers' liability, and while the severity of liability for a trespasser (choice D) is a factor, it is not the distinguishing feature. The statement in choice A is incorrect, as an occupier owes a higher duty to an invitee than to a contractual entrant.

Question 18

A lawyer is arguing that a promoter hosting a public New Year's social is liable in tort for negligence causing injury and loss to his client.Which of the following arguments most likely offers the strongest support for the claim for damages he is presenting to the court?

Accepted Answer

The argument of deficient provision of a safe environment directly supports the claim for negligence causing injury and loss to the client. It implies that the promoter did not meet their duty of care to ensure the safety of the attendees, thereby causing harm and damage to the client. The other options either do not offer direct support or are not legally relevant in determining liability for the negligence claim.

Question 19

With respect to statutory requirements relating to occupiers' liability,which of the following would most likely be set out as a general requirement by provincial legislators creating such law?

Accepted Answer

Refraining from creating deliberate danger or harm is a general requirement that is commonly included in occupiers' liability statutes. This obligation is based on the principle that an occupier of land has a duty to take reasonable care to ensure the safety of individuals who come onto their property. This obligation includes refraining from intentionally creating a dangerous or harmful condition on the property. The other options are less likely to be included as general requirements in provincial legislation on occupiers' liability.

Question 20

Suspecting a burglar was attempting to enter his garage,Hakim let his Dobermans outside to take care of the threat.He was shocked six months later when he was served with a lawsuit claiming damages for the serious injuries inflicted by the Dobermans' bites into the thief's hands and legs.Why has Hakim been named as a defendant in this lawsuit?

Accepted Answer

Hakim has been named as a defendant in this lawsuit because the injuries were a result of his careless disregard for the trespasser's presence. Despite the fact that the thief was attempting to enter his garage, Hakim had a legal responsibility to prevent the Dobermans from causing harm to the potential intruder. Therefore, he can be held liable for the injuries caused by his dogs.

Quiz 12: Other Torts