Contemporary Canadian Business Law

Business

Quiz 5 :

Negligence and Unintentional Torts

Quiz 5 :

Negligence and Unintentional Torts

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Where a negligence harms a business (for example, a factory set on fire), Common Law courts award damages to replace it, but have been reluctant to go further and award damages for economic losses (for example, lost profits from downtime). How do Quebec courts differ in their treatment of negligence?
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Mr. Ma operated a dry-cleaning plant. Even if there was no harm or any intention of harming anyone, he could still be sued for the mere fact that dry cleaning chemicals escaped from his property. No damages resulted. If the plaintiff were successful what kind of damages would the court most likely award?
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Jacqui and Penny decided to go into partnership in a small baseball equipment manufacturing firm. Jacqui raised $250,000 start-up funds, in large part on the basis of documents which she forged. These documents purported to show that they owned their factory, when in fact, they merely leased it. Jacqui spent all of the money on herself, and she now has no assets and has been jailed for 10 years. The creditors have contacted Penny and told her they will hold her liable for the loss.
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Jean and Donald hired a lawn care company to come to their house and spray for dandelions, which had overtaken their lawn. When the spraying was completed the chemical had not only killed the dandelions but had destroyed the grass to an irreversible state. When the company investigated, it found that the acid content of the soil had caused the reaction. The company stated that the reaction is so rare it seldom does preliminary acid tests and tried to downplay the situation. Jean and Donald are contemplating legal action.
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While at a baseball game one afternoon, Jack bought Matt a hot dog. When Matt bit into the hot dog he broke his tooth on a nail in it. i. Jack cannot sue the hot dog vendor for breach of contract. ii. Matt can sue the hot dog vendor for breach of contract. iii. Jack can sue the hot dog manufacturer under the tort of manufacturer's liability iv. Matt can sue the hot dog manufacturer under the tort of manufacturer's liability. v. The hot dog manufacturer will be strictly liable for allowing an inherently dangerous hot dog to leave his property and injure Matt. vi. Jack can sue for his emotional distress caused by the sight of blood coming from Matt's mouth.
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A seventy-year-old woman, using the escalator at the airport, dropped a glove. When she attempted to pick it up, she lost her balance and fell. As a result of the accident, she suffered a fractured arm. In an action by her against the company that had the responsibility of maintaining the escalator, the defendant company would argue which of the following for its best defence?
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The Central Hospital, Dr. Cuttham, a surgeon, and the operating room staff are sued by Mrs. Mullen because a scalpel was left in her abdomen after an operation for a burst appendix. It is unclear how the scalpel was missed. i. The hospital will be liable if the operating room staff employed by it is found to have been negligent. ii. Mrs. Mullen must prove on the balance of probabilities that the defendants had the sole care and control of the operating room. iii. Mrs. Mullen must prove on the balance of probabilities that, unless someone has been negligent, scalpels are not left in abdomens after operations. iv. Mrs. Mullen must prove on the balance of probabilities that a reasonable surgeon has a duty of care to ensure that no foreign objects are left inside a patient, that Dr. Cuttham failed to meet the duty of care, and that she was injured because of this. v. Dr. Cuttham will be held liable if he cannot show that he took all reasonable care and the scalpel was left by someone else.
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As a result of an explosion while plugging the Wonder "C" Model widget into an electrical socket, Tina was left in a coma for nine years. When she regained consciousness, she wished to bring legal action against the manufacturer, ACME Widget Co., for her injuries. She did not remember much about the events that surrounded the explosion. While doing some research for her case she discovered that there had been an electrical storm on the evening she was using the Wonder "C" when it exploded. Which of the following legal principles would the manufacturer of the widget not be entitled to use?
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On a cold winter day, A slipped on the icy sidewalk at the entrance to B's shop. A injured her ankle as a result of the fall, and B hired a taxi to have her taken to the hospital to have her injured ankle examined. On the way to the hospital another automobile collided with the taxi, and A was seriously injured. B would be liable for the injury suffered by A when A slipped on the sidewalk in front of his shop, because he should have foreseen the possibility of injury to customers when he failed to remove the ice.
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Which of the following is a defence to negligence?
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Four of the five following elements, when proved against a defendant, would constitute a successful action in negligence. Which one of the five would not?
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On a cold winter day, A slipped on the icy sidewalk at the entrance to B's shop. A injured her ankle as a result of the fall, and B hired a taxi to have her taken to the hospital to have her injured ankle examined. On the way to the hospital another automobile collided with the taxi, and A was seriously injured. B is liable for the injury to A as a result of the automobile accident, because she would not have been travelling in the taxi if she had not injured her ankle at B's store.
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Miss Haversham, a guest at a wedding catered by Giardia's Fine Foods, became violently ill, as did several other guests. It was later found that only those who ate the crab salad appetizer became ill. Since Miss Haversham is not able to prove how she was injured by Giardia's but only that she was injured, presumably by them, which of the following concepts could she use to help her establish Giardia's negligence?
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Which of the following is a NOT a defence to negligence?
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Miss Haversham, a guest at a wedding catered by Giardia's Fine Foods, became violently ill, as did several other guests. It was later found that only those who ate the crab salad appetizer became ill. If Miss Haversham were to sue for negligence, she would normally have to prove
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Richard drank all the beer at the house one evening, and knowing he was not in a fit state to drive, decided to walk down the highway to the beer store for more. In order not to get lost, he followed the centre line on the road. Milton, who was driving too fast for his headlights on low beam, hit Richard from behind, and seriously injured him.
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Mr. Ma operated a dry-cleaning plant. Even if there was no intention of harming anyone, he could still be sued by someone harmed by dry cleaning chemicals that escaped from his property. This is an example of what tort?
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Terri was injured by an exploding pop bottle. She lost time from work, for which she was not paid, and had to undergo several painful operations. Her right eye was badly damaged, and she will lose the sight in it over the next few years. If she wins her case against the manufacturer of the pop bottle, she will be entitled to: i. an injunction. ii. an order of replevin. iii. nominal damages iv. punitive damages. v. special damages vi. general damages.
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On a cold winter day, A slipped on the icy sidewalk at the entrance to B's shop. A injured her ankle as a result of the fall, and B hired a taxi to have her taken to the hospital to have her injured ankle examined. On the way to the hospital another automobile collided with the taxi, and A was seriously injured. The injured ankle was the proximate cause of A's more serious injury in the automobile accident, because B had hired the taxi to send her to the hospital.
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Mr. Ma operated a dry-cleaning plant. Even if there was no intention of harming anyone, he could still be sued by someone harmed by dry cleaning chemicals that escaped from his property. This is an example of what principle of tort law?
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