Question 1

Identify and briefly describe what a defendant must show in order to successfully rely on the defence of volenti non fit injuria.Include a brief explanation of the major significance of this defence to commercial liability insurers.

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Question 2

Reasonable care is the responsibility owed to avoid carelessness that causes harm to another.

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Question 3

Explain the difference between the standard of care that is applied to average members of society and the one that is applied to persons who have specialized training.

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Question 4

Identify and briefly describe the rule that follows the legal principle that only the type of injury must be foreseeable.

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Question 5

What explanations have been suggested for the fact that,generally,damages are not available to compensate for pure economic loss sustained as a result of negligence?

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Question 6

Identify the tests applied in the two-step process used to assess whether a duty of care is owed by one person to another that has been established by the Supreme Court of Canada in the case of Hercules Managements Ltd.v.Ernst & Young?

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Question 7

Identify the four steps to an action for the tort of negligence and explain the significance of establishing an affirmative response at each step in the process.Briefly explain the significance of whether a case at bar that does not present a novel situation.

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Question 8

The thin skull principle is the standard applied to judge whether a person's conduct in a given situation is negligent.

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The thin skull principle is used to determine the extent of damages a defendant must compensate for, not to judge whether their conduct was negligent. It holds that a defendant must take their victim as they find them, meaning if the victim has a pre-existing condition that makes them more susceptible to injury, the defendant is liable for the full extent of the injury caused, not just what would have been expected in a healthier person.

Question 9

Identify and briefly explain the manner in which negligence law is similar to tort law in general.Include a brief explanation of how this similarity is accomplished in negligence law.

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Question 10

Negligence is said to be a very common tort action in the commercial world.Provide three examples of a negligence action that could give rise to a claim for injury or loss.

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Question 11

What is the question posed in step 3 of the negligent action process? Identify and briefly describe how that question is sometimes dealt with by the legal community.Include a brief indication of how and what the courts have adapted to more easily discern the needed information at this stage of the process.

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Question 12

Briefly describe how a prima facie duty of care is established.

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Question 13

In tort law,the term "neighbour" is considered to imply a relationship that exists between the defendant's conduct and the plaintiff's loss or injury.

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Quiz 11: The Tort of Negligence