Chapter 05 : The Professional Liability of Real Estate Licensees Flashcards
The Professional Liability of Real Estate Licensees
Define trespass.
Trespass is a legal term for wrongfully entering, remaining on, or placing something on another’s land.
What statute in British Columbia imposes liability on an occupier of premises for injury suffered by those entering the premises?
The Occupiers Liability Act imposes liability on an occupier of premises for injury suffered by those entering the premises in BC.
What is a tort?
(1) A private wrong or injury, including breach of contract, for which the court will provide a remedy in the form of an action for damages.
(2) A private wrong or injury, other than breach of contract, for which the court will provide a remedy in the form of an action for damages.
(3) A breach of contract that will not be able to be tried in court as it did not result in injury.
(4) A breach of contract that will be eligible to be tried in court as it did result in injury.
A tort is:
(2) A private wrong or injury, other than breach of contract, for which the court will provide a remedy in the form of an action for damages.
What does the legal principle of negligent misrepresentation provide?
Negligent misrepresentation provides that if, in the ordinary course of business, a person seeks information or advice from another who possesses special skills in circumstances in which a reasonable person would know that his/her special skills were being relied upon, and the person asked chooses to give the advice without clearly qualifying his answer, then he/she accepts a legal duty to exercise such care as the circumstances require. If he/she is incorrect, he/she may be liable.
The tort of deceit is similar to the concept of negligent misrepresentation.
(1) True
(2) False
(2) False. The tort of deceit is similar to the concept of fraudulent misrepresentation, which applies to the law of contract.
_____________ is a legal term for the failure to use such care as a reasonable and prudent person would use under similar circumstances; it is the doing of some act which a person of ordinary prudence would not have done under similar circumstances or failure to do what a person of ordinary prudence would have done under similar circumstances.
Negligence is a legal term for the failure to use such care as a reasonable and prudent person would use under similar circumstances; it is the doing of some act which a person of ordinary prudence would not have done under similar circumstances or failure to do what a person of ordinary prudence would have done under similar circumstances.
What is a private nuisance?
A private nuisance occurs when an owner or occupier of land unreasonably and substantially interferes with the reasonable use and enjoyment of a neighbouring property.
If a real estate licensee breaches the duty of utmost good faith to his or her client, the licensee has breached a ___________ duty.
If a real estate licensee breaches the duty of utmost good faith to his or her client, the licensee has breached a fiduciary duty.
Which of the following best describes deceit?
(1) The legal term for the granting of a lease.
(2) A document used to transfer land from one party to another.
(3) A fraudulent misrepresentation used by one person to trick another who is ignorant of the true facts.
(4) A situation where a person is forced into a contract against his/her will with the threat of physical force or imprisonment.
Deceit is:
(3) A fraudulent misrepresentation used by one person to trick another who is ignorant of the true facts.
Is the fact that a nuisance caused by an individual is beneficial to the public a valid defence at law?
No, it is no defence to say that the act complained of in a nuisance action is beneficial to the public.
