Question 1

Pishoy is a general practitioner of medicine and runs an office in a small town.A patient of his,Rick,a 39-year-old,has recently been diagnosed with late stage colon cancer.Pishoy had told Rick he would be doing a colonoscopy when he turned 40,as is the standard.Rick is now suing Pishoy for negligence,claiming that he breached his professional standard of care.Which of the following is true?

Accepted Answer

A)  Rick will probably win the case because Pishoy did not act as a reasonable professional would act.
B)  Rick will probably win the case because any reasonable person would be able to detect late stage cancer.
C)  Rick will probably win the case because Pishoy could be considered a specialist and therefore has a higher standard of care.
D)  Pishoy will be absolved of any negligence if he admits that he didn't actually pass medical school.
E)  Rick will probably not win the case because Pishoy acted as a reasonable general practitioner would have acted.F) None of the above
G) A) and B)

Question 2

Leia was injured in a car accident with Hakim.At trial,Hakim admits that he crashed into Leia's vehicle,but he insists that he should not be held liable because,at the time of the accident,he was suffering from a form of mental illness that deprived him of control over his actions.The expert evidence supports Hakim's version of events,but it also reveals that Hakim is now fully cured of his illness.Will Hakim be held liable to Leia?

Accepted Answer

As a general rule,the standard of care r...

Question 3

Dinar has sued Alpha Inc under the tort of negligence.The court must decide whether or not the company owed a duty of care to Dinar.Which of the following statements is TRUE?

Accepted Answer

A)  The judge will require proof that someone within the company actually realized,as a matter of reasonable foreseeability,that someone might be hurt in the way that Dinar was hurt.
B)  If the relationship between Dinar and Alpha Inc.falls within a recognized category of the duty of care,there is no need for the court to analyze the duty of care on a principled basis.
C)  The judge will require proof that the accident that injured Dinar was an inevitable outcome of the company's activities.
D)  While policy considerations may affect the measure of damages,it cannot affect the existence of a duty of care.
E)  Dinar must sue a person associated with Alpha Inc,rather than suing the company itself.F) D) and E)
G) C) and D)

Question 4

Thalia has sued Pi Inc for negligence.The company admits liability,but can prove that most of Thalia's damages stemmed from the fact that she could not financially afford to mitigate her losses in a timely manner.The company therefore insists that it should not be held liable for those losses.How would a modern court resolve that issue?

Accepted Answer

The facts raise the thin wallet rule.Tha...

Question 5

Remy suggests that he and his friend Quentin snowboard down a mountain in tandem.Quentin initially refuses,but eventually begrudgingly agrees.During the run,they fall and Quentin suffers an injury.He is now suing Remy for negligence.Which of the following is Remy's best defense?

Accepted Answer

A)  Contributory negligence because Quentin stepped into a dangerous situation
B)  Volenti because Quentin expressly agreed to accept the physical and legal risk
C)  Illegality because it is illegal to ride snowboards in tandem
D)  Contributory negligence because Quentin contributed to the damage caused by the accident
E)  Remy has no defense,he should settle before courtF) All of the above
G) C) and E)

Question 6

Alpha Corp recently suffered two losses.First,as a result of the carelessness of its financial adviser,Jewel,it lost $100 000 when it invested in worthless shares.Second,in a separate incident,it lost $50 000 when its lawyer,Maia,failed to file a certain document at the land registry office on time.Both Jewel and Maia are liable to Alpha for the tort of negligence.The doctrine of joint and several liability,would therefore always apply as there are two tortfeasors.Alpha is entitled to claim $150 000 from Jewel,and Jewel would then be entitled to claim $50 000 in contribution from Maia.

Accepted Answer

A) True 
 B)False

Question 7

Selena has cancer.She has sued the Tau Corp for negligence.She claims that her condition was caused by fumes that the Tau Corp carelessly allowed its factory to emit.Which of the following statements is TRUE with respect to the issue of causation?

Accepted Answer

A)  If Selena proves that there is a 75 percent chance that her condition was caused by Tau Corp's carelessness,she will receive 75 percent of her damages.
B)  If Selena proves that there is a 50 percent chance that her condition was caused by Tau Corp's carelessness,she will receive 100 percent of her damages.
C)  If Selena proves that there is a 25 percent chance that her condition was caused by Tau Corp's carelessness,she will receive 25 percent of her damages.
D)  If Selena proves that there is a 51 percent chance that her condition was caused by Tau Corp's carelessness,(but-for the carelessness Selenea would not have her condition) Selena will recover 100 percent of her damages.
E)  If Selena proves that there is a 50 percent chance that her condition was caused by Tau Corp's carelessness,she will receive 50 percent of her damages.F) A) and B)
G) B) and C)

Question 8

Danica was injured as a result of an accident that also involved Elmer and Lloyd.The judge found that all three parties had acted carelessly,and that Elmer and Lloyd were jointly and severally liable.The judge also found that Danica was 50 percent to blame for her injuries,while Elmer was 30 percent to blame and Lloyd was 20 percent to blame.The losses caused by Danica's injuries are valued at $100 000.Danica may be able to recover more than $30 000 from Elmer if Lloyd is unable to pay anything because of his extreme poverty.

Accepted Answer

A) True 
 B)False

Question 9

The defence of contributory negligence may apply even if the plaintiff carelessly contributed to the severity of the injuries that they suffered,but not to the actual occurrence of the accident that caused those injuries.

Accepted Answer

A) True 
 B)False

Question 10

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

Accepted Answer

A)  More than usual is expected of experienced professionals and less than usual is expected of beginners.
B)  A professional may be held liable despite acting in compliance with an approved practice.
C)  An error of judgment always constitutes a breach of the standard of care.
D)  A judge will assess a professional's conduct in comparison to the "best practices" that exist within a profession at the time of trial.
E)  Because there is no separate tort of breach of a statutory duty,a court cannot consider the effect of a statute when it formulates the standard of care.F) A) and B)
G) A) and C)

Question 11

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

A)  The learned intermediary rule is usually considered in connection with the duty of care.
B)  The learned intermediary rule is usually considered in connection with the issue of causation.
C)  The learned intermediary rule applies only if Jennet had been trained in the proper use of widgets.
D)  The learned intermediary rule applies only if Lamda Corp's experts knew of the risk that led to Jennet's injury.
E)  The learned intermediary rule applies only if at least one other party was involved in the events leading up to Jennet's injury and that other party was provided with a reasonable warning,and that party was a professional who provided the widget to Jennet.F) D) and E)
G) C) and D)

Question 12

Which of the following statements is TRUE?

Accepted Answer

A)  The effect of a thin skull is usually considered in the context of the breach of the standard of care.
B)  The concept of reasonable foreseeability requires proof beyond a reasonable doubt that the plaintiff would likely be injured by the defendant's carelessness.
C)  Product liability in Canadian tort law is strict.
D)  An "error in judgment" is always a breach of the standard of care.
E)  The defence of contributory negligence may apply even though the plaintiff's carelessness did not contribute to the creation of the accident,as long as it contributed to the extent of the plaintiff's injury.F) A) and B)
G) A) and E)

Question 13

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,had carelessly failed to notice that Nelson's broker was dishonest and as a government regulator Shaniqua categorically owed a duty of care to Nelson.
E)  Nelson suffered his injuries mostly because Shaniqua,who was a complete stranger at the relevant time,refused to take life threatening steps to herself,to rescue him from a danger that Nelson had created.F) B) and D)
G) A) and B)

Question 14

Uli went to Donnie's house party with the intention of getting drunk,so he brought alcohol with him.Upon arriving,he realized Donnie was supplying free drinks,so he didn't have to drink the alcohol he brought.On his last drink of the night,Walter drugs his drink.As he is leaving,Uli falls down a set of stairs.Uli feels that Donnie and Walter are both liable for causing him to fall down the stairs.Which of the following is true?

Accepted Answer

A)  Uli is correct.Donnie is liable for supplying him with alcohol and Walter is liable for drugging his drink.
B)  Only Donnie is liable because the but-for test will prove that he would have fallen down the stairs because of the alcohol even if his drink weren't spiked.
C)  Only Walter is liable because the spiking of the drink is the most directly causal action.
D)  Neither are liable because Uli had the intention to be drunk,so the result would have been the same.
E)  Donnie is only 30% liable and Walter is 70% liable because of joint and severable liability.F) B) and E)
G) All of the above

Question 15

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

A)  Duncan cannot be held liable unless the manner in which Kendra suffered her injury was reasonably foreseeable.
B)  Duncan cannot be held liable unless the type of harm that Kendra suffered was reasonably foreseeable.
C)  If Kendra was unusually vulnerable to a back injury,Duncan cannot be held liable unless the severity of Kendra's injury was reasonably foreseeable.
D)  Duncan cannot be held liable unless Kendra's injury was likely to occur as a result of his carelessness.
E)  Duncan will be held liable only if Kendra's injury was a direct result of his carelessness.F) B) and D)
G) A) and D)

Question 16

Rita is a construction worker.She is using a pneumatic lift owned by her company.The lift is defective and often suddenly and violently stops.When this happens to her,Rita is flung off the lift and breaks her collarbone.Her coworkers tell her she has to be more careful next time,because sometimes that just happens with that machine.Rita should

Accepted Answer

A)  listen to her coworkers and ensure she is always holding on tightly.
B)  sue the manufacturer for negligence;the lift should have had a warning of sudden stops.
C)  sue the manufacturer for negligence;the lift was obviously improperly designed.
D)  sue the manufacturer for negligence;the defective lift was carelessly manufactured.
E)  sue her coworkers for negligence;they had a standard of care to warn her.F) A) and D)
G) C) and D)

Question 17

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 18

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.
B)  A court will deny damages on the basis that Oprah voluntarily assumed the risk
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 case involves an issue of intervening act which may affect the chain of causation.F) A) and D)
G) None of the above

Exam 6: Negligence

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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Which of the following statements is TRUE?

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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As a general rule,the standard of care r...
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Which of the following statements is TRUE with respect to the standard of care that is applied to professionals?

Correct Answer
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The defence of contributory negligence may apply even if the plaintiff carelessly contributed to the severity of the injuries that they suffered,but not to the actual occurrence of the accident that caused those injuries.

Correct Answer
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Correct Answer
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Dinar has sued Alpha Inc under the tort of negligence.The court must decide whether or not the company owed a duty of care to Dinar.Which of the following statements is TRUE?

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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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?

Correct Answer
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Remy suggests that he and his friend Quentin snowboard down a mountain in tandem.Quentin initially refuses,but eventually begrudgingly agrees.During the run,they fall and Quentin suffers an injury.He is now suing Remy for negligence.Which of the following is Remy's best defense?

Correct Answer
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Correct Answer
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The facts raise the thin wallet rule.Tha...
View Answer

Correct Answer
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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?

Correct Answer
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Selena has cancer.She has sued the Tau Corp for negligence.She claims that her condition was caused by fumes that the Tau Corp carelessly allowed its factory to emit.Which of the following statements is TRUE with respect to the issue of causation?

Correct Answer
verified

Exam 6: Negligence

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 AnswerverifiedShow Answer

Which of the following statements is TRUE?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Correct AnswerverifiedAs a general rule,the standard of care r...View AnswerShow Answer

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

Correct AnswerverifiedShow Answer

The defence of contributory negligence may apply even if the plaintiff carelessly contributed to the severity of the injuries that they suffered,but not to the actual occurrence of the accident that caused those injuries.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Dinar has sued Alpha Inc under the tort of negligence.The court must decide whether or not the company owed a duty of care to Dinar.Which of the following statements is TRUE?

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

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?

Correct AnswerverifiedShow Answer

Remy suggests that he and his friend Quentin snowboard down a mountain in tandem.Quentin initially refuses,but eventually begrudgingly agrees.During the run,they fall and Quentin suffers an injury.He is now suing Remy for negligence.Which of the following is Remy's best defense?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedThe facts raise the thin wallet rule.Tha...View AnswerShow Answer

Correct AnswerverifiedShow Answer

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?

Correct AnswerverifiedShow Answer

Selena has cancer.She has sued the Tau Corp for negligence.She claims that her condition was caused by fumes that the Tau Corp carelessly allowed its factory to emit.Which of the following statements is TRUE with respect to the issue of causation?

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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Correct Answer
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Correct Answer
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As a general rule,the standard of care r...
View 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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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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The facts raise the thin wallet rule.Tha...
View Answer

Correct Answer
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Correct Answer
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Correct Answer
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