Show:
Chapter 1 & 2
Chapter 3&4
Chapter 5&6
Chapter 7&8
Chapter 9&10
100
3 Categories of how law may impose liability:
• Negligence • Nuisance • Breach of Contract
100
Give an example where absolute liability would be applied.
Environmental Protection Act.
100
The civil code of Quebec prohibits the success of a defense for a person: A. Unless they can prove they were not responsible. B. Unless they can shift the Onus of Proof C. Who has committed a Gross Fault D. Both A and B
C
100
1. When can Contributory Negligence defence be used in product liability? a. When the defendant maintains that the product was not defective. b. When no warning labels are on the product. c. When the plaintiff has misused the product. d. None of the above.
c - when the plaintiff has misused the product
100
1. What can be found on the declaration page? (NAME 3)
• Name of the insuring company and the name of the agent or broker • Named insured and mailing address of named insured • Policy period • Limits of insurance • Form of business • All the premises owned, rented or occupied • Endorsements • The countersignature
200
Outline court structure:
• Supreme Court • Federal Court • Provincial court of appeal • Provincial superior court • District courts • Small claims court
200
Give an example of a defense to absolute liability.
There is no defense against absolute liability.
200
A superior force ‎refers to: A.‎ An unforeseen event B. An overpowering force C. An accident that could not have been foreseen. D. All of the above.
Answer is D.
200
3. Name 5 of the companies involved in the ladder of supply
a. Manufacturer and manufacturer’s agent b. Distributor or jobber c. Wholesaler d. Retailer e. Installer, inspector or repairer
200
What two separate types of insurance are provided under the Garage Liability Coverage?
• Automobile Insurance • General Liability Insurance
300
What are the three elements of the “ABC” Rule?
a) A duty of care exists b) Breach of that duty occurred c) Causal relationship between the breach and damages is shown
300
List 5 methods which defendants can defend themselves against a tort action.
Denial, Remoteness of Damage, Inevitable Accident, No Duty Owed, Emergency, Act of God, Voluntary Assumption of Risk, Disclaimer, Contributory Negligence, Limitation Periods.
300
What are the four ways in which agency can be created.
A. by contract B. by ratification C. by estoppel D. by necessity
300
Describe 4 sections of the CGL
A) BI and PD liability B) PERSONAL and Advertising Injury C) Medical Payments D) Tenant’s Legal Liability
300
What are the four categories of vehicles that represent non-owned exposures to employers:
• Hired or rented automobiles • Employees’ automobiles • Independent contractors’ automobiles • Other automobiles
400
Who does an occupier owe the greatest duty of care to?
An invitee.
400
In Quebec what are the three elements required for extra contractual liability?
1- Fault on the part of the defendant. 2- Injury or damage suffered by the plaintiff 3 - Causal link between the fault and the injury or damage.
400
What are the 3 circumstances in a principal and agent relationship can an agent be held liable to a third party?
- agent is improperly identified -when the principal does not exist -when the agent exceeds authority of contract
400
Name FOUR Common Exclusions with the CGL Policy Wording
Any claim caused by asbestos is excluded - Fungi or spores are excluded as well as anything related to it spread, reproduction, clean-up costs, supervision, instructions, and giving advice. - Excluded are bodily injury and property damage resulting from the hazardous properties of nuclear material arising from the o Ownership, maintenance, operation, or use by or on behalf of the insured of a nuclear facility; o Transportation, consumption, disposal, and dispersal of radioactive material; o Furnishing by an insured of services, materials, parts or equipment in connection with the plumbing, construction, maintenance, operation, or use of any nuclear facility. - Pollution – 2 Parts
400
2. Physical hazards of risk may become evident based on information developed in the following areas. List them: GIVE ME 5
- Construction of property - Maintenance - Downspouts - Exit doors - Frontage - Railway sidetrack - Floors - Stairs - Lighting - Heating - Elevators - Escalators - Security measures - Food - Liquor - Hazardous items - Employees
500
What are four kinds of damages? (Hint - 4)
Special Damages – out of pocket expenses General Damages – non-monetary& are hard to quantify Nominal Damages – awarded when the plaintiff has a right of action, but has suffered no real loss Punitive or Exemplary Damages – awarded in addition to other damages, as punishment to the defendant
500
What are the extra contractual obligations :
1- Liability for one’s own act or fault. 2- Liability for other’s acts 3- Liability for damages caused by ones things and buildings. 4- Liability for damages cause by one’s animals. 5- Liability of the manufacturer.
500
What is the general rule outlining the responsibility of principals for the acts of their agents?
As long as the agent is acting within their authority conferred, the principal will be responsible for all commitments entered by the agent.
500
Compensatory Damages are:
Meant to punish defendant b. Awarded in payment for the actual injury or economic loss. c. Awarded when plaintiff has a right of action but has suffered no real loss d. Are paid by defendant regardless of judgement in liability
500
IDENTIFY Application Information:
- Identity of applicant - Loss and policy history - Limits and coverage - Location details - Gross receipts - Products or completed operations