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Canadian Business Law Today

Business

Quiz 4 :

Specific Issues in Tort Law

Quiz 4 :

Specific Issues in Tort Law

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Fiduciary duty includes concepts such as trust, honesty and good faith.
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True False
Answer:

Answer:

True

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A lawyer has been sued by a client for breach of contract because she failed to give proper advice. The client will be successful if the lawyer has not performed the legal services at the standard of a reasonable person.
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True False
Answer:

Answer:

False

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In the scenario above, Rebecca may be successful in a legal action against the manufacturer of the chocolate bar, because the manufacturer was careless in making the bar.
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True False
Answer:

Answer:

True

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A manufacturer of goods that are sold to the public has strict liability.
True False
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Occupiers are the owners of property that others may come onto.
True False
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In the scenario above, the manufacturer of the chocolate bar has strict liability, if the product it manufactures causes injury.
True False
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In the scenario above, Rebecca was careless in eating the chocolate bar and therefore responsible for her own injury.
True False
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Consumer Protection legislation imposes labelling regulations on manufacturers.
True False
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Professionals should have rules and guidelines for how members of their profession need to conduct their business.
True False
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Manufactures have a responsibility to the public to create and sell safe products.
True False
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In the scenario above, the manufacturer is vicariously liable for the negligence of its employees in the making of the chocolate bar.
True False
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The Sampson Hair Products company is sued by a user who contracted a painful rash from using its shampoo. If Sampson manufactured the product in the same way and to the same standard as a reasonable shampoo manufacturer, and the rash was simply the result of an unusual allergy, Sampson will not be held liable.
True False
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Manufacturers of goods can be exempt from liability if they do a "recall" of their product.
True False
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A well drafted retainer agreement can exclude a professional from claims for professional negligence.
True False
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Sara and Rebecca entered a variety store owned by Charles. Sara purchased two chocolate bars from Charles, and gave one to Rebecca. Unknown to Sara, Rebecca, or Charles the chocolate bar that Sara gave to Rebecca contained a piece of metal that had fallen into the mixture when the chocolate bar was made. When Rebecca attempted to eat the chocolate, she damaged one of her teeth. She was obliged to have the tooth repaired by a dentist, and in addition, lost a day's work because of the painful injury to her mouth. Her total loss amounted to $1,200.00. Sara may be successful in an action against Charles since Charles sold the chocolate bar.
True False
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Andrew, a lawyer, failed to do a proper title search of a property that resulted in his clients' actually owning only two-thirds of the property that they thought they had bought. Andrew will be held to the standard of care expected of the reasonable lawyer.
True False
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Professionals can reduce their potential liability by having a well-drafted retainer agreement.
True False
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Consumer Protection legislation defines danger to human health or safety as an existing or potential unreasonable hazard from the use of a product.
True False
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Professionals have a fiduciary duty to their clients.
True False
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An engineer made a serious design error when designing a bridge. The bridge collapsed and a pedestrian who was crossing the bridge at the time was seriously injured. The pedestrian will be successful in a suit against the engineer in negligence if the engineer failed to meet the standard of the reasonable person when he designed the bridge.
True False
Answer:
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