Chapter 5 Flashcards
Duty of care definition
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
Fiduciary Duty
Utmost duty of care
Confidential
Full disclosure
Duty of utmost good faith
Advantages price
Which of the following is not required for plaintiff to establish negligence
The defendant intentionally injured the plaintiff
Negligence Misrepresentation
CARELESS
Special relationship or expertise must exist but a contractual relationship is not required
Fraudulent Misrepresentation
Moral Fraud
LYING 🤥
DECEIT
Which of the following could a defendant use as a defence to claim of negligence against him
The damage suffered by the plaintiff was not reasonable forseeable by a person in the defence position
Vicarious Liability
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)
Trespass
Wrongful entry
Wrongful remaining
Wrongful placing
Actionable Per se
No evidence of damage is required, damage is not necessary to sue the trespasser
Express of imply permission of the occupier
A person entering on land to speak to the occupier will not be a trespasser unless it unless you ignore the no trespassing signs
Which of the following statements are false in regarding to trespass
A trespass action must occur repeatedly
Remedies to trespass
SID
Self help
Injunction relief - judge says you have stay away 2 feet
Damages
Nuisance
Private nuisance is focus on the harm done to the injured parties land and or the interference with that party proprietary rights
Nuisance
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
Remedies for nuisance
AID - written
Abatement- peaceful
Injunction
Damage
The key principle of nuisance is that
Person may not use his or her own property in such a way that causes injury or harm to another
Which of the following statement is false
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
Duty of care owner/occupier
I’ll keep her under common law as defined as anyone who has physical position.
Occupy a liability act OLA
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
Which of the following statements about the lawn BC government occupied liability is false
The language of the opera liability expressly preserves the common law distinguish between the different types of visitors
Which of the following statements regarding the law occupy liability in British Columbia is true
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
Mika Jones is being sued for creating a nuisance which of the following argument is a valid defence to the lawsuit
The damages have been created and trifling and of little consequences
Which of the following could a defendant use as a defence to Claim and negligence against him
The damages suffered by the plaintive was not reasonable for seizable by a person in the defendant position
