Chapter 5 – Liability

Question 1

3 Types of Negligence

Answer 1

DBR - The courts look at these things

Duty of care – Starbucks you break an arm

Breach – did it happen did someone see it?

Reasonable result

Question 2

4 types of misrepresentation

Answer 2

RUNS

Reliance
Untrue
Neglect
Special relationship

• no contact is necessary to sue for misrepresentation

Negligent = careless
Fraudulent = deceit

Question 3

What is the Fiduciary Duty?

Answer 3

Duty to your client – upmost duty of care

Take the high - ROAD 
R - relationship is confidential
O – onus on licensee
A – Advantageous
D -  duty to disclose

Fiduciary = ROAD

Question 4

3 types of Trespass

Answer 4

PRE

• Place
• Remain
• Enter
  (common on exam)

Remedies of Trespass

– Self help – solve yourself
– Injunction – court order
– Damages – went through someone’s garage door

Question 5

What is a Private Nuisance?

Answer 5

You do something on your property that affect someone – playing drums too loud.

– Physical damage
– Interference with you soon enjoyment

Remedies: abatement - injunction – damages – betement

Question 6

Who is the occupiers liability?

Answer 6

Everyone!

Invitee – trespasser – licensee – children