Question 1

An employment contract could contain an exclusion clause that prevents the employer from recovering from the employee damages the employer has to pay under the doctrine of vicarious liability.

Accepted Answer

An employment contract can include an exclusion clause that limits or exempts an employee from liability for damages that the employer is required to pay due to the employee's actions under the doctrine of vicarious liability, provided such a clause is legally permissible and does not contravene public policy or specific legal provisions.

Question 2

What is the name of the limitation period that will bar a claim for a latent defect found 80 years after a building was constructed?

Accepted Answer

The ultimate limitation period.

Question 3

A patent defect is one which:&#10;A) would only be obvious to an expert&#10;B) could not be discovered until after the structure containing the defect had failed, at which point it would be obvious that there was a defect&#10;C) is an obvious defect that can be discovered upon a reasonable inspection&#10;D) none of the above

Accepted Answer

A patent defect is an obvious defect that can be discovered upon a reasonable inspection, meaning it is visible or can be identified through a diligent examination of the property or item in question.

Question 4

In which of the following relationships is there vicarious liability?&#10;A) employer-employee&#10;B) owner-contractor&#10;C) owner-architect&#10;D) all of the above

Accepted Answer

Owners do not have control over the work methods of their contractors and architects, and so there is no vicarious liability.

Question 5

Upon being issued a demand for documents, a party must produce all relevant documents.

Accepted Answer

A party must produce all relevant documents that are not privileged and are within their possession, custody, or control, subject to any objections or limitations imposed by the court.

Question 6

What is the purpose of the pleadings in a lawsuit?

Accepted Answer

The answer of What is the purpose of the pleadings...

Question 7

What name is given to the process whereby the parties agree to arbitrate after the dispute has arisen, and agree that the arbitrator will make a final decision?&#10;A) mandatory binding arbitration&#10;B) voluntary binding arbitration&#10;C) mandatory non-binding arbitration&#10;D) voluntary non-binding arbitration

Accepted Answer

Voluntary binding arbitration is the process where parties agree to arbitrate after a dispute has arisen and consent to be bound by the arbitrator's decision. This contrasts with mandatory arbitration, which is required by a contract or statute before any dispute arises, and non-binding arbitration, where the decision can be appealed or ignored by the parties.

Question 8

Which of the following is not true regarding experts?&#10;A) experts must remain neutral at all times&#10;B) experts cannot agree to payment contingent on the outcome of the litigation&#10;C) experts should insist that there is only one answer to every technical problem&#10;D) experts should decline to testify if they cannot honestly offer an opinion that supports the case of the party who hired them

Accepted Answer

Experts must remain open minded, and agree to reasonable alternative explanations if presented with them.

Question 9

Explain the potential conflict of interest experts face when testifying at trial. What mechanisms are implemented to mitigate this conflict and ensure objective expert testimony?

Accepted Answer

The answer of Explain the potential conflict of interest experts...

Deck 18: Common Issues in Contract, Tort, Dispute Resolution and Expert Evidence