Chapter 6

Question 1

What three cases illustrates proximate cause?

Answer 1

Scott vs Shepard- firecracker thrown around

The king vs Laperriere-explosives left by the army where kids found them

Beaudoin vs TW Hand Fireworks-sparklers left unexploded where kids found them

Question 2

Define joint and several liability

Answer 2

A legal term suggesting a partnership in which parties are bound to pay off all obligations regardless of the ability of some of the parties to pay all (or any) of the amount that would otherwise be appointed to them

Question 3

Define agent

Answer 3

A person licensed and authorized or employed to act on behalf of another

Question 4

Define principal

Answer 4

The individual or corporation whose performance is guaranteed in suretyship

Question 5

Define Qui facit per altium facit per se

Answer 5

One who acts through another acts himself

Question 6

How is an agency created between an agent and principal?

Answer 6

Contract
Ratification
Estoppel
Necessity

Question 7

Explain contract between a principal and agent

Answer 7

Subject to the same rules that affect other contracts
The principal is bound not only by the express authority states in the contract but also by the apparent or ostensible authority that arises from the operation of the contract

Question 8

Explain ratification between a principal and agent

Answer 8

An agent may knowingly act for a principal without express authority to do so. If the principal later acquiesces or by some positive act demonstrates acceptance and approval of the agents actions, ratification is said to have occurred and agency created between the two

Question 9

Explain estoppel between principal and agent

Answer 9

Is simply the restraints the law places on a person to prevent allegations that previous representations, either by word or action, were not truthful, when another person has relied on those representations assuming them to be true. It applies to the law of agency when a principal tacitly agrees to allow someone to act as an agent on a matter where, in fact, no authority has been given

Question 10

Explain necessity between principal and agent

Answer 10

There are cases where no actual authority has been conferred by a principal to an agent, but because if the urgency of the situation, the law allows the person to act as an agent

Question 11

What case illustrates the master and servant concept?

Answer 11

Lockhart vs Canadian pacific Ry. Co.
Employee uses his own vehicle to do company business, gets into an accident, court decides employer was responsible

Question 12

What are the exceptions to the rule of the contractor being responsible for the subcontractors actions?

Answer 12

Dangerous work is undertaken
Unlawful work is done
The principal interferes with the contractor

Question 13

What case illustrates the concept the principal interferes with the contractor?

Answer 13

Davie shipbuilding ltd. Vs cargill grain co

Question 14

Define feasance

Answer 14

The performance of an act. A legal term for doing or accomplishing something

Question 15

Define misfeasance and provide an example

Answer 15

The improper performance of something that is legal to do
Example- municipality negligently installing storm sewers, which results in the backup of sewers into many homes

Question 16

Define nonfeasance and provide an example

Answer 16

The omission to perform duties which by law one is bound to do. The failure to perform an act required by law

Example-city is advised of damaged sidewalk, it neglects to repair it

Question 17

Define malfeasance and provide and example

Answer 17

An intentional act which in itself is unlawful, or wrongful, and is conducted by someone in an official capacity as an official duty

Example-city employee hires family member for job, city employee then pays family member to intentionally break rules to help them out

Question 18

What case illustrates tenant legal liability?

Answer 18

United motors service Ltd. Vs Hutson et al

Question 19

What must be included in order to file a class action lawsuit?

Answer 19

-Each member of the class has the same interest and not just a similar interest on the subject matter of the litigation
-the claim is against a discernible fund or an asset existing for the benefit of the class and there only remains to be determined the right of the plaintiffs to the asset in while or in part

Question 20

Explain pre-judgement interest on goods

Answer 20

The interest in money owing on goods accrues from the date that payment was due and not the date the plaintiff made recovery at trail

Question 21

Explain non-economic damages

Answer 21

Pre-judgement interest from the date of loss or date of the notice of claim until the date of judgement for non-economic damages

Question 22

Explain post-judgement payments

Answer 22

Interest usually runs from the date judgement is rendered until the damages are paid