Chapter 5

Question 1

Duty of care definition

Answer 1

Under the common-law duty of care is a legal obligation for car acquiring an individual to adhere to a standard of reasonable care while performing any act that could be foreseeable harms to others

Question 2

Fiduciary Duty

Answer 2

Utmost duty of care

Confidential
Full disclosure
Duty of utmost good faith
Advantages price

Question 3

Which of the following is not required for plaintiff to establish negligence

Answer 3

The defendant intentionally injured the plaintiff

Question 4

Negligence Misrepresentation

CARELESS

Answer 4

Special relationship or expertise must exist but a contractual relationship is not required

Question 5

Fraudulent Misrepresentation

Answer 5

Moral Fraud

LYING 🤥

DECEIT

Question 6

Which of the following could a defendant use as a defence to claim of negligence against him

Answer 6

The damage suffered by the plaintiff was not reasonable forseeable by a person in the defence position

Question 7

Vicarious Liability

Answer 7

Where an employee commits a wrongful act in the course of employment injury and your party can sue both employee and employer for damages caused by the employee act

(During working hours)

But if the act done not occurred in the course of employment the employer will not be reliable ( not working hours)

Question 8

Trespass

Answer 8

Wrongful entry

Wrongful remaining

Wrongful placing

Question 9

Actionable Per se

Answer 9

No evidence of damage is required, damage is not necessary to sue the trespasser

Question 10

Express of imply permission of the occupier

Answer 10

A person entering on land to speak to the occupier will not be a trespasser unless it unless you ignore the no trespassing signs

Question 11

Which of the following statements are false in regarding to trespass

Answer 11

A trespass action must occur repeatedly

Question 12

Remedies to trespass

Answer 12

SID

Self help
Injunction relief - judge says you have stay away 2 feet
Damages

Question 13

Nuisance

Answer 13

Private nuisance is focus on the harm done to the injured parties land and or the interference with that party proprietary rights

Question 14

Nuisance

Answer 14

Interferes with the use enjoyment of a property or caused damage to the other property of another or both.

There is physical damage you need to prove it was a result of the nuisance

Question 15

Remedies for nuisance

Answer 15

AID - written

Abatement- peaceful

Injunction

Damage

Question 16

The key principle of nuisance is that

Answer 16

Person may not use his or her own property in such a way that causes injury or harm to another

Question 17

Which of the following statement is false

Answer 17

With both trespass and nuisance a plaintiff must prove interfere with the use of enjoyment of the plaintive land and physical damage to the property

Question 18

Duty of care owner/occupier

Answer 18

I’ll keep her under common law as defined as anyone who has physical position.

Question 19

Occupy a liability act OLA

Answer 19

Under the old L a is now define is out anyone who has physical position or as someone who has control responsible over.

The conditions of premises
the activity on the premises
the conduct of third parties on the premises

Question 20

Which of the following statements about the lawn BC government occupied liability is false

Answer 20

The language of the opera liability expressly preserves the common law distinguish between the different types of visitors

Question 21

Which of the following statements regarding the law occupy liability in British Columbia is true

Answer 21

Both the type of visitors and circumstance under which a visitor has enter the premises or relevant factors in determining the standard of care road

Question 22

Mika Jones is being sued for creating a nuisance which of the following argument is a valid defence to the lawsuit

Answer 22

The damages have been created and trifling and of little consequences

Question 23

Which of the following could a defendant use as a defence to Claim and negligence against him

Answer 23

The damages suffered by the plaintive was not reasonable for seizable by a person in the defendant position