Unit 4 quiz 2

Question 1

What is a reasonable adult?

Answer 1

an “ordinary adult” without any disabilities, thought to be careful and considerate.

Question 2

What is vicarious liability and how is it used with employers?

Answer 2

When a person is held responsible for another’s torts, even though they may have done nothing wrong.

Question 3

Elements of Negligence

Answer 3

• the action is not planned
• the action is not intentional
• some type of injury is created

Question 4

Negligence is proven using what?

Answer 4

• duty of care
• actual harm or loss
• causation
• foreseeability

Question 5

Duty of care

Answer 5

Specific legal obligation not to harm others or their property.
- plaintiff must demonstrate that the defendant owed him/her duty of care
- must be highly specific or apply generally to the public

Question 6

Breach of duty of care

Answer 6

occurs when the defendant fails to meet the expected standard of care of a reasonable person

Question 7

Actual harm or loss

Answer 7

plaintiffs must prove they suffered real injury or economic loss

Question 8

Foreseeability

Answer 8

ability to anticipate the specific result of an action

Question 9

Causation

Answer 9

defendant was in breach and the defendant’s actions directly led to the plaintiff’s injuries or loss

Question 10

Defences to Negligence

Answer 10

• contributory negligence
• voluntary assumption of risk
• inevitable accident

Question 11

Contributory negligence

Answer 11

-alleged victim created at least part of the harm that he/she suffered
- courts use % to determine responsibility in contributory negligence

Question 12

Voluntary assumption of risk

Answer 12

-plaintiff knowingly accepted factors that may cause harm or injury
-aware of risks involved (waiver)

Question 13

Inevitable accident

Answer 13

-aka act of god
-the accident was not anyone’s fault
-harm couldn’t have been reasonably prevented

Question 14

Special types of negligence

Answer 14

• occupiers liability
• commercial host
• social host
• motor vehicle negligence
• Medical malpractice

Question 15

occupiers liability

Answer 15

duty of care owed by an occupier to any guests who visit or enter the property.

Question 16

occupier

Answer 16

person who controls and supervises an establishment or property

Question 17

licensee

Answer 17

someone who visits a property for social reasons

Question 18

invitee

Answer 18

someone who visits a property for more formal reasons

Question 19

Commercial host

Answer 19

-usually operates a hospitality business such as a bar or restaurant
-they have the duty of care to monitor intoxicated customers
-responsible for protecting customers

Question 20

Social host

Answer 20

• has many of the same liabilities as a commercial host, but does not have financial benefit
• similar responsibilities regarding keeping guests safe