Question 1

Joe, a concert pianist, was walking down the street when he was struck by Harry, a careless skate boarder. Joe was knocked down and crushed his hand. When Joe sued Harry for his negligence, claiming the loss of income from his profession (he could never play the piano again), Harry countered with the defence that there was no way he could have anticipated that the person he was going to hit was a concert pianist. Explain his likelihood of success in raising this defence.

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Question 2

In Canada, in order for a manufacturer to be held liable for injury caused by his product to an ultimate consumer, what must be shown?

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Question 3

Joe was drunk and driving his car. When he saw Sam on the side of the road hitch-hiking, he opened the door and offered Sam a lift. Sam got in despite the fact that he could smell alcohol on Joe's breath. Subsequently, Joe was in as accident, in which Sam was injured. Sam has sued Joe for negligence. Indicate what likely defence Joe would use in these circumstances and whether it would be successful.

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Question 4

Explain the standard of care that must be imposed on the occupier of a property toward a visitor on that property in your province.

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Question 5

Joe was a customer in Sam's store when he carelessly dropped a very expensive vase, but he was relieved when he found that Sam had insurance to cover the loss. Explain Joe's legal position in these circumstances.

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Question 6

What is the typical result when spouses have overlapping extended benefits coverage, such as dental and disability?

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Question 7

Harry operated a game farm in the suburbs of a large city. He took all reasonable precautions to keep the animals, some of which were dangerous, within the confines of that game farm. One night, a group of protesters came onto the property and released all the animals as an act of protest against the incarceration of such wild creatures. One of the animals, a cougar, went onto a neighbour's property and killed an expensive show dog. That neighbour sued Harry. Explain the neighbour's likelihood of success.

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Question 8

Joe owned a house that would cost $200,000 to replace. He took out an insurance policy for only $100,000, reasoning that any damage that would take place would likely be under that amount. In fact, there was a fire and the total loss was $50,000. Indicate what problems Joe might run into when he tries to collect.

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Question 9

Does a shareholder have an insurable interest in the assets of a corporation?

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Question 10

Indicate under what circumstance the defence of voluntary assumption of risk or volenti will be available.

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Question 11

To what does "errors and omissions" insurance refer?

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Question 12

In Canada, under what circumstances will the owner of property be held strictly liable for his conduct?

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Question 13

Explain how the standard of care imposed varies when particular expertise is involved (e.g., a doctor).

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Question 14

How is negligent misstatement treated in Canada today?

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Question 15

In insurance, what do comprehensive policies cover?

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Question 16

How are professionals treated differently under the rules of negligence?

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Question 17

Describe three different types of insurance that a business person might obtain in relationship to his business.

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Question 18

Give three examples where tort standards have been modified by legislation.

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Question 19

Historically, how did the law treat negligent misstatement differently than negligent misconduct?

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Question 20

What is the role of self-governing professional bodies?

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Quiz 5: Negligence, Professional Liability, and Insurance