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Comm 300 (17)
Lecture 15

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Department
commerce
Course
Comm 300
Professor
Paul Lester
Semester
Winter

Description
- The Town of Sussex Corner owned a bridge. Ruby negligently damaged the bridge by ramming it with a boat. At that point, it would have cost $30 000 to repair the bridge. Before the town could do so, however, Oswald negligently rammed the bridge in a different spot with his own boat. The town had the damage from both incidents repaired at the same time for a total cost of $50 000. Which of the following statements is TRUE o none of the above - Peter has sued Calista and Lailani for negligence. The evidence indicates that Peter's injury was caused by the combined effect of negligent acts by himself, Calista, and Lailani. That injury would not have occurred at all if any one of the three parties had acted carefully. The judge held that Calista and Lailani are jointly and severally liable. The judge also apportioned responsibility for the injury on the following basis: Peter 60 percent, Calista 30 percent, and Lailani 10 percent. The value of the loss that Peter suffered as a result of his injury is $100 000. Which of the following statements is TRUE o Peter can collect $40 000 from Lailani - Coco sued Vincent for negligence. He has relied on the defence of contributory negligence. That defence may be successful only if the evidence indicates that o Coco breached the standard of care - Dashawn was severely injured while participating in a "fitness challenge" that was organized and operated by Zeta Inc. He has sued for negligence. Zeta relies on the defence of voluntary assumption of risk. In support of that defence, Zeta has produced a "Disclaimer of Liability" that Dashawn signed. Which of the following statements is TRUE o Zeta will be relieved of liability only if the disclaimer clause governed the legal risk of injury - Demarcus sued Marguerite for negligence. She has relied on the defence of illegality. Which of the following statements is TRUE o That defence may apply if the recovery of damages would allow Demarcus to avoid a criminal penalty - Which of the following is generally a defence to the tort of negligence o none of the above - Which of the following statements is TRUE o none of the above  An "error in judgment" is a breach of the standard of care  Product liability in Canadian tort law is strict  The effect of a thin skull is usually considered in the context of the breach of the standard of care  The concept of reasonable foreseeability requires proof, on the balance of probabilities, that the plaintiff would likely be injured by the defendant's carelessness - Which of the following statements is TRUE o all of the above;  Product liability may arise from a careless act in the manufacture of a product or carelessness in the design of a product or a careless failure to warn of the risks associated with a product  The effect of an intervening act is usually considered in the context of remoteness  C
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