Chapter 2

Question 1

A plaintiff is entitled to succeed if three rules are followed to satisfaction of the court which are?

Answer 1

A: a duty of care exists
B: breach of that duty occurred
C: casual relationship between the breach and damages is shown

Question 2

What does prima facie stand for? Explain it

Answer 2

Prima facie meaning “on the face of it” or “at first glance”
When a prima facie case has been established, the court presumes that the information is true until or unless evidence is introduced to the contrary

Question 3

Describe a reasonable person

Answer 3

Not an extraordinary or unusual person
Not superhuman
Not required to display the highest skill of which anyone is capable
Not a genius who can perform unusual feats
Not possessed of unusual powers of foresight

Question 4

What case is most frequently cited for the description of a reasonable person?

Answer 4

Arland vs Taylor

Question 5

Define duty of care

Answer 5

The obligation that a person has to exercise reasonable care with respect to the interests of others, including protecting them from harm

Question 6

What case is use to illustrate duty to your neighbour?

Answer 6

Donoghue vs Stevenson- involved a bottle of ginger beer that was purchased for a friend. The friend drank it and discovered the decomposed remains of a snail it the bottle.

Question 7

What are the four main categories of entrants?

Answer 7

Trespasser
Licensee
Invitee
Contractual entrant

Question 8

Define trespasser and what duty is owed

Answer 8

A person who wrongfully enters onto someone else’s land with neither the right nor permission to be there
The occupier must treat the trespasser with common humanity

Question 9

What case is used to illustrate the occupiers duty owed to a trespasser?

Answer 9

Veinot vs Kerr-Addison Mines

Question 10

Define licensee and what duty is owed by the occupier?

Answer 10

A person who has permission to enter a premises for his or her own purposes
An occupier has a duty to protect a licensee from known concealed traps or dangers. An example of a licensee is a person given permission to enter a venue such as a concert

Question 11

Define invitee and what duty is owed by the occupier?

Answer 11

A person who is expressly or implied invited onto the premises for some purpose involving economic benefit to the occupier of the premises. For example a customer entering a store.
The occupier owes the greatest duty of care to an invitee. The occupiers duty is to exercise reasonable care to prevent damage to such a person from usual danger of which the occupier knows or ought to have known.

Question 12

What is the main difference between an invitee and a licensee?

Answer 12

The licensee is there for his or her own enjoyment, whereas an invitee is there for the benefit of the property owner

Question 13

Define contractual entrant and what duty of care is owed by the occupier?

Answer 13

A person who enters onto premises under a contract with the occupier. For example a hotel guest or theatre-goer
The occupiers duty is as specified in the contract. If the contract does not specify the occupiers obligations regarding the entrants safety, the contract is said to have an implied (unwritten) term to the effect that the premises are as safe for the purpose as reasonable care and skill on the part of anyone can make them.

Question 14

Define strict liability

Answer 14

Liability imposed by a court or by a statute in the absence of fault when harm results from activities or conditions that are extremely dangerous, unnatural, hazardous, extraordinary, abnormal, or inappropriate

Question 15

What case is used as an example of strict liability?

Answer 15

Rylands vs Fletcher

Question 16

Using Rylands vs Fletcher to establish a case of strict liability, the plaintiff must show what?

Answer 16

The occupier used the land in a way that changed its natural form or use
The occupier brought something onto the land that was likely to do mischief if it (potentially dangers thing) escaped
The escape of the dangerous thing did occur
The escape resulted in damage to the plaintiff

Question 17

Parents are not generally responsible for the negligence of their children except what situations?

Answer 17

The child was acting on the parents’ expressed instructions or under their authority
The child was employed by the parent and acting within scope of employment
Damage was caused by a dangerous thing or animal that the parents allowed the child to control, such as a motor vehicle

Question 18

Define bailor

Answer 18

A person entrusting goods to another

Question 19

Define bailee

Answer 19

In contract and property law, one to whom goods or property are entrusted for a stated purpose. Can be either gratuitous (for no consideration) or for hire (for consideration)

Question 20

Define bailment

Answer 20

The act of placing or transferring goods from a bailor to a bailee

Question 21

What rules must be followed to prove a negligence claim based on breach of statute?

Answer 21

The statute must have been breached
The conduct that was a breach of the statute must also have caused the damage for which compensation is sought
The statute must have been intended to prevent the damage that occurred
The person making the claim must be among the group the statue was intended to protect

Question 22

Define proximate cause

Answer 22

A cause that, in a natural and continuous sequence unbroken by any new and independent cause, produces an event and without the event would not have happened

Question 23

Explain special damages

Answer 23

Are awarded for out of pocket (economic) expenses such as medical bills, damaged clothing, and salary already lost.
Special damages compensate plaintiffs for expenses they have already incurred.
Generally plaintiffs would be expected to provide receipts for any such expenditures being claimed.

Question 24

Explain general damages

Answer 24

Compensate the victim for non-economic, hard to qualify aspects of a claim.
Such damages require the discretion of the judge to fix the amount that will property compensate the injured party.
These damages are calculated by considering, among other factors, the pain and suffering of the injured party, loss of enjoyment of life, future expenses and future loss of salary, and permanent disability

Question 25

Explain nominal damages

Answer 25

Minimal monetary damages awarded by a court when a legal wrong has occurred but limited or no actual loss has been suffered by the party pursuing the action.
These tend to be awarded in libel, slander or false arrest cases

Question 26

What case was used to come up with the rules to prove negligence?

Answer 26

Right of Canada vs Saskatchewan Wheat Pool

Question 27

What case is used as an example of pure economic loss?

Answer 27

Ontario Inc. vs Maple Leafs Foods Inc.

Question 28

In addition to proximate cause what is required for finding of liability?

Answer 28

Foreseeability

Question 29

What case was used for an example of foreseeability?

Answer 29

Overseas Tankship Ltd. Vs Morts Dock and Engineering Co.

Question 30

Define remoteness of damage

Answer 30

A legal test to determine the right to recovery based on the predictability of cause or circumstances. Also called “remote cause”

Question 31

What case is used as an example for remoteness of damage?

Answer 31

Rankin vs JJ