Law Ch 11

Front 1

Based on how the law understands carelessness, which of the following would immediately indicate the presence of compensable negligence?

Back 1

omitting reasonable care

Front 2

Which of the following is unnecessary in the successful litigation of an action arising from a negligent tortious act?

Back 2

a calculated harmful act

Front 3

A lawsuit involving a peanut butter manufacturer, which knowingly sold products it knew to be contaminated with poisonous bacteria from rat feces, is at trial. The court is satisfied, based on the evidence, of the manufacturer’s pre-existing knowledge of the contamination. What will the judge likely find?

Back 3

there is complete liability for failing to act reasonably

Front 4

Which of the following is a question that must be answered in the affirmative in order to establish actionable circumstances of negligence?

Back 4

Was the omission the cause of the other’s injury?

Front 5

Answering which of the following in the affirmative would strongly support a court’s ability to order redress for negligence causing a victim’s loss?

Back 5

Was there carelessness on the part of the defendant?

Front 6

Based on the judicial concept of competing interests, what is it that a judge attempts to negate when facing the task of compensating victims of negligence?

Back 6

enforcing unreasonably exacting legal standards on commercial activities

Front 7

What does the Canadian judiciary’s discretionary competing interests policy suggest as the most likely cause of discouraging illegitimate commercial activity?

Back 7

fully compensating victims of negligence

Front 8

A court is listening intently to counsel’s argument regarding causation in a case arising in negligence. What must counsel have already firmly established to now be addressing the issue of causation for the court’s deliberation?

Back 8

that the defendant had a duty to avoid carelessness that caused harm to another

Front 9

Why would a court consider a lawyer who provided improper advice to a client, who in turn suffered a loss, liable in negligence to the client?

Back 9

The lawyer owed a duty of care to the client.

Front 10

A court is now considering a question of remoteness with respect to a plaintiff’s injury. Plaintiff’s counsel has argued the injury was a direct result of the negligent act of the defendant. Which element of this tort action must have already been established in Step 2?

Back 10

Did the defendant breach the standard of care?

Front 11

Which of the following established the neighbour principle?

Back 11

Donoghue v. Stevenson [1932] A.C. 562 (H.L.)

Front 12

The duty to love your neighbour imposed by society is synonymous with what duty imposed by law?

Back 12

the duty to not injure your neighbour

Front 13

What distinguishes how the House of Lords would address a case involving negligence from how a Canadian court would address the same case?

Back 13

the question of whether the case is novel posed by the Canadian courts

Front 14

What is the meaning of the Latin term prima facie?

Back 14

at first sight or on first appearance

Front 15

The law of negligence requires a court to consider the foreseeability test. In so doing, which of the following would allow the court to hold a defendant liable for negligence?

Back 15

an objective anticipation of an act or omission causing harm to the plaintiff

Front 16

Which of the following is synonymous in law with the standard used to judge whether a person’s conduct in a certain instance is negligent?

Back 16

the reasonable person test

Front 17

A patient has suffered physical, psychological, and financial loss as a result of a doctor’s omission. How will the court apply the reasonable person standard in this case?

Back 17

The standard will be inadequate, and a higher or specialized standard will be imposed.

Front 18

In what legal context are concerns regarding the recovery of economic loss arising from a wrongful act prevalent?

Back 18

negligent misstatement

Front 19

What is the law’s purpose with regard to imposing a higher standard of care on a physician responsible for injuries arising from a wrongful breast removal surgery?

Back 19

to encourage compliance, competence, care, and caution

Front 20

An elderly woman with osteoporosis suffered numerous broken bones as a result of a minor car accident. A person without osteoporosis would not have suffered any broken bones in the same circumstances. What would you reasonably expect a court to determine with respect to a negligence claim by the elderly claimant?

Back 20

The elderly claimant will receive full compensation on the basis of the thin skull principle.

Front 21

When a court asks, “How far will the legal liability of the defendant stretch?” what point has the court reached with regard to the negligence test?

Back 21

Step 4

Front 22

The absence of a sufficiently close relationship between Roger’s action and Jamel’s injury is based on which of the following?

Back 22

remoteness of damage

Front 23

Marsha was permanently disabled by a drunk driver in an automobile accident. Her lawyer missed the limitation date for filing her claim, causing further economic and psychological suffering to Marsha. What is the role of the thin skull rule in these circumstances?

Back 23

Damages cannot be reduced because of a pre-existing vulnerability.

Front 24

A negligence victim experienced a prolonged recovery from injuries owing to an inherent physical weakness. What principle would a court apply to prevent a negligent defendant from escaping liability for full compensation in these circumstances?

Back 24

thin skull

Front 25

The Supreme Court stated that a person suffering mental injury as a result of another’s negligence must prove that such a mental injury would have occurred in a person of ordinary fortitude. The fortitude of an ordinary person is held by the same court to be irrelevant in circumstances where carelessness caused physical injury and loss. What common law principle offers a valid criticism of the Supreme Court’s position of the law with respect to involuntarily acquired mental illness?

Back 25

the thin skull principle

Front 26

Which of the following would immediately allow a court to justify NOT awarding a plaintiff damages for pure economic loss?

Back 26

an absence of contractual relationship

Front 27

Which of the following is synonymous in negligence law with the statement “it is not enough to establish some of the steps or even most of them”?

Back 27

the plaintiff’s requirement to prove each and every step

Front 28

If a court finds Rudy’s spinal injuries are also the result of Rudy encouraging Benj to drive his boat at the excessive speed that caused the accident, what will immediately come into play?

Back 28

volenti non fit injuria

Front 29

In accordance with the Supreme Court of Canada’s ruling in Crocker v. Sundance Northwest Resorts Ltd., [1988] 1 S.C.R. 1186, in Canada sliding down a hill in an oversized inner tube can NOT be viewed as constituting which of the following?

Back 29

a consent to legal risk

Front 30

Hector didn’t read the waiver clause in the entry form before signing it and paying his entry fee to compete in a weekend slalom ice-racing event. His neck broke as he landed on top of a pile of large rocks, after an unexpected collision with Juri sent him through a thin, unsupported barrier of mushy walled ice. Which of the following would most strongly support the Supreme Court of Canada’s position that, in these circumstances, the defence of volenti non fit injuria would fail?

Back 30

A signed waiver fails as an expression of a victim’s true intention.

Front 31

What is the commonality that exists in law between the tort of negligent misstatement and negligent misrepresentation?

Back 31

Both arise from communication.

Front 32

Which of the following is a distinguishing characteristic of the tort of negligent misstatement?

Back 32

The tort action co-exists with an actionable contractual breach.

Front 33

In which aspect of negligence does the term “an indeterminate class” arise?

Back 33

duty of care

Front 34

In the legal context, a manufacturer’s responsibility for the design, manufacture, or sale of its products is synonymous with which of the following?

Back 34

the standard of care imposed by product liability

Front 35

Which of the following would be owed a duty of care by a manufacturer of dairy products?

Back 35

distributors, retailers, consumers

Front 36

Which of the following would immediately alert a lawyer to a prospective client’s reduced chance of receiving a judgment award for her damages?

Back 36

pure economic loss

Front 37

Sony Corporation is thinking about having purchasers of its PlayStation product sign an arbitration clause that takes away their right to sue in court. What benefit might you reasonably expect Sony to achieve with such a clause?

Back 37

It’s likely to reduce exposure to class action suits.

Front 38

In the court’s view, the law requires employees of a bar establishment to encourage a potentially intoxicated patron to not drive his or her automobile. This duty includes involving police, if necessary, to ensure the patron does not drive under the effects of alcohol consumption. What type of duty has the law imposed on the establishment and its employees?

Back 38

a positive duty

Front 39

What would you reasonably expect a European Union state court to base its findings on when determining a matter involving defective-product liability?

Back 39

strict liability

Front 40

Why is the application of strict liability necessarily limited by Canadian tort law?

Back 40

Canadian tort law is founded on a fault-based system.

Front 41

Which of the following is synonymous with strict liability with respect to Canadian negligence law?

Back 41

vicarious liability

Front 42

In which of the following circumstances would a Canadian court be least likely to follow a fault-based system of determining liability for a negligent act?

Back 42

a claim arising from liability in contract

Front 43

Which of the following is a key element in managing the risk related to tort liability?

Back 43

insurance