Untitled Deck

Question 1

What is the Doctrine of Negligence?

Answer 1

It is based on the duty of all persons to exercise due care in their conduct towards others from which injury may result.

Reference pg. 1-8

Question 2

How is Negligence defined?

Answer 2

Negligence is the failure to do something which a reasonable man would do, or the doing of something which a reasonable and prudent man would not do.

Reference pg. 1-8

Question 3

What is Strict Liability?

Answer 3

It is a doctrine based on the assumption that certain activities are so hazardous that, in the event of injury or damage arising out of them, the person conducting the activity shall be presumed to be legally liable.

Reference pg. 1-9

Question 4

Who is considered an Occupier?

Answer 4

An occupier is a person who has immediate supervision and control of the premises and the power to admit and exclude the entry of others.

Reference pg. 1-10

Question 5

What constitutes a Nuisance?

Answer 5

A nuisance is everything that endangers life or health, gives offense to senses, violates the laws of decency, or obstructs reasonable and comfortable use of the property.

Reference pg. 1-12

Question 6

What is Trespass?

Answer 6

Trespass is an unlawful interference with one’s person, property, or rights.

Question 7

What is the main duty of manufacturers

Answer 7

Manufactures are liable for all product defects of which the present state of technology can reasonably be expected to make them aware.

The manufacturer has a duty to ensure safe design, manufacture, construction assembly, and packaging.

Even when the product is not defective they may be dangerous if it is not properly used.

The manufacturer owes a duty to consumers to give proper warning of dangers which can occur in the use of the product, and provide instructions if needed

Question 8

what are the two assurances given to the project owner when a bid accompanies a contract tender

Answer 8

that the principal has been pre-qualified to bid on the project

that the principal is bidding in good faith

Question 9

two reasons why a certified cheque being submitted in lieu of any other security is not generally recommended

Answer 9

tied up contractors working capital which can be used in other ongoing projects

if the contractor has chosen this method of deposit because it is unable to qualify for a bid bind, there is little likelihood it will qualify for follow-up bonding