Question 1

Careless statements are different than careless acts because

Accepted Answer

Careless statements can be repeated and disseminated more easily than careless acts, potentially causing widespread impact.

Question 2

A Canadian court will determine the existence of a duty of care by examining the factors of

Accepted Answer

The Canadian court examines the existence of a duty of care by considering reasonable foreseeability, proximity, and policy. These factors help determine whether a duty of care is owed in negligence cases.

Question 3

Which of the following statements is TRUE with respect to the standard of care that is applied to professionals?

Accepted Answer

A professional may be held liable despite acting in compliance with an approved practice if that practice is deemed negligent or not up to the standard of care required.

Question 4

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

The answer of Arsenio was injured by a product that...

Question 5

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

Sigma Ltd is not required to warn about every possible danger, only those that are reasonably foreseeable and significant.

Question 6

Which of the following statements most accurately describes the but- for test?

Accepted Answer

The but-for test is used to determine causation in negligence cases. If the harm would not have occurred "but for" the defendant's actions, then the defendant may be held liable. If the answer is "no," it means the harm would not have occurred without the defendant's actions, indicating causation.

Question 7

The Iota Corp sued Araceli for negligence. It claims that it suffered a loss as a result of her careless performance of a professional service. Which of the following statements is TRUE with respect to the issue of breach?

Accepted Answer

Araceli may not be held liable for an error in judgment even if another professional in her position would have acted differently.

Question 8

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 duty of care is most likely to be recognized in scenario C, where Shaniqua, as a tavern owner, may have a duty to prevent harm from intoxicated patrons, which is a recognized duty in some jurisdictions.

Question 9

The concept of reasonable foreseeability is directly relevant to

Accepted Answer

The answer of The concept of reasonable foreseeability is directly...

Question 10

Kendra suffered a broken back as a result of Duncan's carelessness. Duncan has argued, however, that Kendra's injury is remote from his carelessness, and that he therefore cannot be held liable. Which of the following statements is TRUE?

Accepted Answer

The correct legal principle is that a defendant is liable if the type of injury was reasonably foreseeable, even if the extent or manner of injury was not.

Question 11

Which of the following is generally a defence to the tort of negligence?

Accepted Answer

Volenti, or "volenti non fit injuria," is a defense in negligence cases where the defendant argues that the plaintiff voluntarily assumed the risk of harm.

Question 12

Peter has sued Calista and Lailani for negligence. The evidence indicates that Peter's injury was caused by the combined effect of negligent acts by himself, Calista, and Lailani. That injury would not have occurred at all if any one of the three parties had acted carefully. The judge held that Calista and Lailani are jointly and severally liable. The judge also apportioned responsibility for the injury on the following basis: Peter 60 percent, Calista 30 percent, and Lailani 10 percent. The value of the loss that Peter suffered as a result of his injury is $100 000. Which of the following statements is TRUE?

Accepted Answer

The answer of Peter has sued Calista and Lailani for...

Question 13

Jennet recently sued Lamda Corp for failing to warn her about the risks associated with a widget that it manufactured and that caused her to suffer an injury. Lamda Corp seeks to avoid liability on the basis of the learned intermediary rule. Which of the following statements is TRUE?

Accepted Answer

The answer of Jennet recently sued Lamda Corp for failing...

Question 14

Demarcus sued Marguerite for negligence. She has relied on the defence of illegality. Which of the following statements is TRUE?

Accepted Answer

The defence of illegality may apply if the recovery of damages would allow the plaintiff to avoid a criminal penalty, as it prevents a person from profiting from their own wrongdoing.

Question 15

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 TRUE?

Accepted Answer

Oswald may be held liable for some damages because his actions caused additional damage to the bridge, even though Ruby had already caused initial damage.

Question 16

Jamari negligently hit Samantha in the head with a stick. Most people would have suffered a simple bruise as a result of that accident. If so, damages would have been worth $200. Such damages were reasonably foreseeable before the accident occurred. Samantha, however, actually suffered brain damage because she had an unusually fragile skull. Consequently, she suffered a loss valued at $5 000 000. A loss of that size was not reasonably foreseeable before the accident occurred. Which of the following statements is TRUE?

Accepted Answer

Under the "eggshell skull" rule in tort law, a defendant is liable for the full extent of a plaintiff's injury, even if the injury is more severe than what was reasonably foreseeable, due to a pre-existing condition.

Question 17

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 TRUE?

Accepted Answer

The disclaimer clause will only relieve Zeta of liability if it specifically covers the risk of injury that occurred.

Question 18

Psi Corp owned a ship called The Greek. It intended to use that ship to fulfill a contract with Omega Inc under which it promised to deliver widgets from Vancouver to Los Angeles. If it failed to perform that contract, it would be required to pay $5 000 000 to Omega Inc. Wilson negligently created a fire that destroyed The Greek. Psi Corp wanted to buy a replacement ship for the purpose of performing its contract with Omega Inc, but could not immediately afford the purchase price of $20 000 000. It therefore rented a ship, The Canadian, for $2 000 000 and used it to fulfill its contractual obligation. Psi Corp has successfully sued Wilson for negligence. The court agrees that Psi Corp is entitled to $20 000 000, which was the value The Greek. Psi Corp, however, claims that it is also entitled to $2 000 000, representing the money that it was required to pay in order to rent The Canadian. Which of the following statements is TRUE with respect to Psi Corp's claim for $2 000 000?

Accepted Answer

Traditionally, claims for additional expenses incurred due to a plaintiff's financial inability to replace a lost asset immediately (such as renting a replacement) would fail because the loss is partly due to the plaintiff's own financial situation, not solely the defendant's negligence.

Question 19

Halle is considering creating a new accounting company. She is, however, concerned about the possibility of incurring liability under the tort of negligence if she acts carelessly. Restricting yourself to the possibility of liability for negligent statements, which of the following statements is TRUE with respect to Halle's proposed business?

Accepted Answer

Canadian judges do not apply special rules if the defendant's careless statement led to the plaintiff's physical injury, as the focus is on the nature of the loss (physical injury vs. economic loss) rather than the form of the negligence (statement vs. action).

Question 20

The concept of a crumbling skull

Accepted Answer

The crumbling skull rule allows for recovery of damages when the defendant's negligence accelerates a pre-existing condition that would have eventually caused harm to the plaintiff.

Quiz 6: Negligence