Chapter 2

Question 1

What four categories of persons in common law might enter premises?

Answer 1

1. Trespassers
2. Licensee
3. Invitee
4. Contractual entrant

Question 2

List the factors considered in Veinot vs. Kerr Addison Mines Ltd to determine whether an occupier’s duty to a trespasser has been breached.

Answer 2

1. Gravity of the probable injury
2. Likelihood of the probably injury
3. Character of the intrusion or trespass
4. Nature of the premises trespassed upon
5. Knowledge the occupier had (or ought to have had of the likelihood of a trespasser’s presence)
6. Cost to the occupier of preventing the harm.

Question 3

How does allurement relate to an occupier’s duty of care?

Answer 3

Historically, child trespassers were protected by the notion of attractive nuisance or allurement. Property or premises that would tempt children to trespass by the nature of their properties required occupiers to take greater steps to safeguard them. The duty to the child trespasser was raised to that of a licensee. Certain property, such as a construction site, attracts children by their very nature.

Question 4

What is a licensee?

Answer 4

A licensee is a person who enters upon land with the consent of the occupier. An occupier has a duty to protect a licensee from known concealed traps or dangers. A greater duty of care is owed by the occupier to a licensee than to a trespasser.

Question 5

What duty is owed to a licensee according to the common law?

Answer 5

An occupier has a duty to protect a licensee from known concealed traps or dangers. Greater of care is owed by the occupier to a licensee than to a trespasser.

Question 6

What is an invitee?

Answer 6

An invitee is a person who enters onto the premises with permission when the occupier has some financial or other material interest in the matter.

Question 7

What duty of care is owed to the invitee by the occupier under the common law?

Answer 7

The occupier owes the greatest duty of care to an invitee. A customer in a store would be considered an invitee. Anyone who goes onto premises upon the express or implied invitation of the occupier to carry out business which concerns the occupier, is an invitee. It is the occupier’s duty to exercise reasonable care to prevent injury to such a person from unusual danger of which the occupier knows or ought have known.

Question 8

Give an example and a definition of a contractual entrant:

Answer 8

A hotel guest or theatre-goer.
A contractual entrant is a person who enters onto premises under a contract with the occupier. The contract may state the obligations relating to the entrant’s safety (if so, the contract governs).
If not, 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 9

What is the Good Samaritan doctrine?

Answer 9

The Good Samaritan Doctrine is a legal principle that provides a defence against torts for an attempted rescue by someone who voluntarily helps a victim in distress. In Common Law Provinces, Good Samaritan laws do not create a duty to rescue.

Question 10

Which law takes precedence when statue law and common law are both involved?

Answer 10

Statutes take precedence over common law. Most provinces have enacted statute law that governs occupier’s liability. These take precedence over the common law.

Question 11

What duty do landlords have to their tenants?

Answer 11

Duties of landlords or tenants are outlined in the various provincial landlords and tenants legislation.
A landlord is responsible for providing and maintaining a residential complex, including the rental units in it, in a good state of repair and fit for habitation and for complying with health, safety, housing and maintenance standards.

Question 12

What is the purpose of hold-harmless and indemnity provisions in a contract?

Answer 12

Hold-harmless and indemnity provisions are used together to transfer liability from where it would normally lie to someone else and to direct who shall pay for expenses related to defending an action or satisfying a judgement.

Question 13

Under what three circumstances will parents be responsible for negligent actions of their children?

Answer 13

1. Child was acting on the parents’ express instructions, or under their authority.
2. Child was employed by the parent and acting within the scope of the employment.
3. Damage was caused by a dangerous thing or animal which parents allowed the child to control (ex. Motor vehicle).

Question 14

Why must Bailee’s exercise a high standard of care with property entrusted to them?

Answer 14

A Baylor is the owner of property who temporarily transfers the possession of property to another. A Bailee is the party who receives property for an agreed temporary period of time. A Bailee owes a duty to the Baylor to take care of such property. The basis upon which the property changed hands affects the level of the duty of care.

Question 15

What rules were developed to prove negligence in R. (Regina) In right of Canada v. Saskatchewan Wheat Pool?

Answer 15

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