1. Within the tort of negligence, the reasonable person test is NOT relevant to a. The duty of care. b. The standard of care. c. Factual causation. d. The concept of remoteness. 2. A si
1. Within the tort of negligence, the reasonable person test is NOT relevant to
a. The duty of care.
b. The standard of care.
c. Factual causation.
d. The concept of remoteness.
2. A simple careless act can, in fact, enormous have consequences. At some point, even if the defendant’s carelessness did, in fact, cause the plaintiff’s loss, it would be unfair to impose liability. The ensure that the defendant is treated fairly, the courts apply
a. The but-for test.
b. The intention test.
c. The remoteness test.
d. The risk test.
3. Which of the following situations best illustrates the thin skull rule?
a. Alice hit Bob with her car. The accident happened because Alice drove carelessly and because Bob was foolishly walking down the middle of a road at night.
b. Anita, who worked in a restaurant, made an omelette with eggs that she knew were probably rotten. Anyone who ate the omelette would have become sick. Because Boris was already suffering from a medical condition when he ate the omelette, he became much sicker than normal .
c. Anna drove a car as well as she could possibly drive, but since she is naturally clumsy, she hit and injured Brad.
d. Angela threw a rock that struck Bill in the eye. Angela did not reasonably foresee the risk of injury because she was only 6 years old.
4. You deliver a valuable piece of jewellery by courier. You do not tell the courier what is in the package, or its value. The package is lost by the courier. If you sue for negligence, your claim will likely not succeed because
a. The value of the loss was not reasonably foreseeable by the courier.
b. The courier did not have a duty of care to you.
c. The courier did not breach the standard of care.
d. The courier should be charged with theft, not sued for negligence.
5. Basra was very seriously injured in a car accident primarily caused by a drunk driver who swerved over the centre line into the path of Basra’s car. Doctors have said that Basra may never walk again. When Basra sued the drunk driver for negligence, the defendant’s lawyer discovered that cell-phone records indicate that Basra was sending a text message when the cars collided. If the case goes to court
a. A judge could reduce the quantity of damages payable to Basra by the defendant because of Basra’s contributory negligence.
b. A judge would ignore Basra’s carelessness because impaired driving is a crime.
c. The defendant will be able to use Basra’s careless actions to avoid any financial responsibility for the accident.
d. Basra will lose the case because of equitable principles.
6. Contributory negligence can become a factor in a lawsuit in any of the following situations, except one. Which situation is NOT an example of contributory negligence?
a. A plaintiff carelessly worsens her injuries by failing to get timely medical care.
b. A plaintiff has carelessly put himself into a dangerous situation.
c. A plaintiff failed to avoid an accident caused by the defendant when the plaintiff had an opportunity to do so.
d. A plaintiff has a pre-existing medical condition that is worsened by the defendant’s negligence.
7. If you are the operator of an adventure business like a heli-skiing operation, which of the following statements describes the most legally effective way of getting your customers to voluntarily accept the risk of this dangerous activity?
a. Have your sober, adult customers sign clearly worded waivers that have been written by a legal expert, after giving the customers time to read the form and consider the details.
b. Use a waiver form available online that has been used by other adventure businesses.
c. Post signs about the dangers in your business office.
d. Give all customers an orientation session describing the thrills and the risks, but keep it light, vague, and humorous.
8. An arena that is used by the Saints hockey team has lower glass and less mesh to protect spectators than most other arenas. The team is worried about fans being injured by pucks. In response, it has printed warnings on the backs of the tickets that it sells to fans. This will NOT be an effective risk management strategy because courts restrict the scope of the concept of
a. Illegality.
b. Voluntary assumption of risk.
c. Contributory negligence.
d. The but-for test of causation.
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