Chapter 2 Flashcards
List the 3 ABC rules
A) a duty of care exists
B) breach of that duty occured
C) casual relationship between the breach and damages is shown
The replacement cost clause
Approvision, generally in property insurance coverage, to provide a substitute of the damage or loss property with something similar, including having the same use but not necessarily identical to the property being replaced without extra cost to the insured
Actual cash value
The fair market value of property, taking into account factors that might augment or reduce the value of the property in question. Actual cash value is usually calculated in one of three ways
1) cost to repair or replace less depreciation
2) fair market value
3) consideration of all relevant evidence of the value of the damaged property
How many days does a policy allow the insurer to replace personal property ? And how long does a statutory condition give the insured from the date of the loss to take legal action against the insurer if they are dissatisfied with the settlement of a claim?
Question 1) 180 days
Question 2) one year
Name a reason why underwriters need to understand general principles and characteristics of insurance policies ?
Not all policies will be standard ones. Sometimes, they will not even be policies of the insurer and the underwriter works for. An underwriter will often be asked to participate in a manuscript policy drafted by an outside party. The underwriter must be able to read and understand manuscript policy and be able to assess the coverage it offers to determine whether to participate in the risk
Full in the blank: in Canada common the most important features common to the wordings offered by various insurers are reflected in policy wordings issued by _________
IBC
The wordings from IBC broadly reflect the industry consensus and practice in matters of coverage
Typical liability policies have most often responded to what type of lawsuits?
Alleging negligence against the insured
For a plaintiff to establish a cause of action and negligence against a wrongdoer, what elements must be present?
A. Duty of care must exist
B. Breach of that duty occured
C. Casual relationship between the breach and damages is shown
Therefore, each lawsuit alleging negligence must undergo an assessment to establish that a cause of action exists whether a duty of care exist towards a given plaintiff or whether that duty was breached and whether the loss should have been foreseeable by the wrongdoer. Finally we’ll see examines the damages suffered by the plaintiff to determine whether they were actually caused by the breach of that duty
Define prima facie
On the face of it or at first glance
It is used in modern legal English to signify that on first examination, a matter appears to be self-evident from the facts presented. The implication is that there is sufficient evidence to prove a particular fact. When a prima Facey case has been established, the court presumes that the information is true and tell or unless evidence is introduced to the contrary
What constitutes a reasonable person list five points
- The reasonable person is not an extraordinary or unusual creature
- The reasonable person is not superhuman
- The reasonable person is not required to display the highest scale of which anyone is capable
- The reasonable person is not a genius who can perform unusual feats
- He/she is not possessed of unusual powers of foresight
The reasonable person is a person of normal intelligence who makes prudence a guide to his or her conduct. He or she does nothing a prudent person would not do and does not omit to do anything that a prudent person would do. The reasonable person’s conduct is guided by considerations which ordinarily regulate the conduct of human affairs. This conduct is the standard adopted in the community by persons of ordinary intelligence and prudence
Define duty of care
The obligation that a person has to exercise reasonable care with respect to the interests of others, including protecting them from harm
Where is the duty of care concept exercised?
The duty of care concept is used in tort law to consider whether defendants are obligated to conduct themselves with care towards the injured party who initiates the lawsuit.
When does the likelihood of duty of care tend to be established tends to increase?
The likelihood that the duty of care will be established tends to increase in relation to the seriousness of the threat of harm
Explain duty to your neighbor principal
The law of negligence requires a person to compensate another for the reasonably foreseeable results of his or her negligent conduct. The law will only hold persons responsible for damage to others when it should have been reasonably contemplated that injury to another would have occurred during the conduct.
What makes the donoghue versus Stevenson case unforeseeable? Why is this case so important in case law?
The bottle holding the ginger beer was made of a non-transparent material. Once the bottle was sealed, the contents were not visible. It was not reasonable to expect that anyone between the manufacturer and the consumer could have seen the unpleasant contents of the bottle. It this was a landmark case because at the time , injured parties often relied on breach of conduct to recover damages. Because the friend (Donahue) did not purchase the ginger beer directly from the manufacturer there’s no contract between them.
Once a duty of care has been established, the courts considered the standard of care applicable to the particular circumstances.
What is occupiers duty of care?
Who is the occupier?
An occupier is the person who has the immediate supervision and control of the premises and the power to admit and exclude the entry of others. Occupiers have a responsibility to keep premises safe for third parties entering the premises. Certain categories of persons have been identified over the years and having a specific duty of care under the common law
Which 2 provinces does common loss prevail in which they do not have occupiers liability in effect? Which province had some specific legislation governing the liability of occupiers to hunters and snowmobilers, but otherwise it is governed by the common law as well
New Brunswick
Newfoundland and Labrador
Second half of the question is Saskatchewan
List 4 main categories of entrants under occupiers liability
- Trespasser
- Licensee
- Invitee
- Contractual entrant