York College, CUNY

STRATEGIC 68798

Chapter 11

1)Why is negligence a common tort in the business world?

2. What is the purpose of negligence law?

3. What interests do courts have to balance with respect to negligence?

4. What must a plaintiff prove to succeed with a negligence action?

5. What was the significance of the Donoghue v. Stevenson legal decision?

6. Explain the two primary factors that must be met to establish a duty of care in negligence.

7. What is the objective for having the policy consideration in the duty of care test?

8. Does negligence require perfect conduct on the part of the defendant in order to excuse liability?

9. Explain the concept of causation in the negligence test.

10. What is the standard of care for professionals?

11. How does the issue of remoteness limit the plaintiff’s claim?

12. Explain the thin skull rule.

13. What is the general limitation on damages for pure economic loss?

14. Identify the rationales for the limit on pure economic loss recovery.

15. Give an example of an exception where pure economic loss is recoverable based on negligence.

16. What is meant by volenti non fit injuria?

17. Explain the two defences to a negligence action and the likelihood of success of each defence.

18. What impact does the test for voluntary assumption of risk have on its use?

19. When is a person responsible for negligent words?

20. What group is typically subject to negligent misstatement claims?

21. Why is negligent misstatement typically limited to clients?

22. What position did the Supreme Court of Canada take with respect to financial statements in Hercules Managements Ltd. v. Ernst & Young?

23. What is the standard of care for manufacturers?

24. What duty of care is owned by a bar owner?

25. Identify three things an employer can do to reduce liability for alcohol related lawsuits flowing from company parties.

26. What is the rationale for imposing liability on employers when alcohol is served at office parties?

27. Identify three exceptions to the normal fault-based liability system used in Canada.

28. What is the effect of a strict liability standard for manufacturers?

29. Provide one reason why strict liability is found so sparingly with respect to negligent behaviour?