Chapter 5

Question 1

Is the fact that a nuisance caused by an individual is ‘beneficial to the public’ a valid defence at law?

Answer 1

No, it is no defence to say that the act complained of in a nuisance action is beneficial to the public.

Question 2

What is a private nuisance?

Answer 2

it occurs when an owner or occupier of land unreasonably and substantially interferes with the reasonable use and enjoyment of a neighbouring property

Question 3

What statute in BC imposes liability on an occupier of premises for injury suffered by those entering the premises?

Answer 3

The Occupiers Liability Act.

Question 4

What is a tort?

Answer 4

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

Question 5

What does the legal principle of negligent misrepresentation provide?

Answer 5

it 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 skills were being relied upon, and the person asked chooses to give unclear advice, then he/she accepts the legal duty to exercise such case as the circumstances require. If he/she is incorrect, he/she may be liable

Question 6

If a real estate licensee breaches the duty of utmost good faith to his/her client, the licensee has breached a ___ duty

Answer 6

fiduciary

Question 7

TF? The tort of deceit is similar to the concept of negligent misrepresentation

Answer 7

False. The tort of deceit is similar to the concept of fraudulent misrepresentation, which applies to the law of contract

Question 8

Describe deceit?

Answer 8

A fraudulent misrepresentation used by one person to trick another who is ignorant of the true facts

Question 9

___ is a legal term for the failure to use such care as a reasonable and prudent person would use under similar circumstances; 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

Answer 9

Negligence

Question 10

Define trespass

Answer 10

a legal term for wrongfully entering, remaining on, or placing something on another’s land.