C 13 Liability Insurance Tonight Review quiz s

C 13 Liability Insurance Tonight: Review quiz s e l p i c n i r P l a g e L – Chapter Six

Quiz ? 1. List the four rules to prove if a negligence claim breached a statute. 1. 2. 3. 4. Chapte r 2 Page 1 2 The statute must have been breached. The conduct must have caused the damage. The statute is intended to prevent the damage. The plaintiff must be among the group the statute intended to protect.

Quiz ? 2. What are the two main categories of damages? What are compensatory damages? Compensatory damages refer to money that will reimburse the plaintiff for injury or loss actually suffered. There are two categories: 1. Special damages – out of pocket expenses, e. g. Lost salary 2. General damages – non-monetary losses, e. g. Pain and suffering Chapte r 2 Page 1 4

Quiz ? 3. List the factors from Veinot v Kerr-Addison Mines to determine whether an occupiers’ duty to a Chapte trespasser has been breached. r 2 Page 7 • Gravity of the probable injury • Likelihood of the probable injury • Character of the intrusion or trespass • Nature of the premises trespassed upon • Knowledge the occupier had or ought to have had of the trespassers presence • Cost to the occupier of preventing the harm

Quiz ? 4. Under what three circumstances will parents be responsible for the negligent actions of their children. 1. Child was acting on parents instructions or authority 2. Child was employed by parent and acting within scope of their employment 3. Damage was caused by dangerous thing or animal which parent allowed child to control Chapte r 2 Page 1 1

Quiz ? 5. Compare case law and statute law. • • Statute comes into effect when parliament passes laws Statute law is derived from legal principles and criteria developed by case law Statute law is response to change in society • Supersedes case law when in conflict • If statute covers the point in dispute Case law is not a branch of law, it is a recording of court decisions In common law, courts look to previous decisions for guidance Research is conducted by lawyers and judges When past cases direct future outcome, precedent is set Studen t Resou rce: 1 -2 a

Quiz ? Two mark questions 1. What is the common law duty of care? The duty of care concept is used in tort law to consider whether defendants owe an obligation to conduct themselves with care towards the injured party who initiates the lawsuit. The courts tend to interpret this requirement liberally to ensure that innocent parties are protected from the acts of others. Chapte r 2 Page 4

Quiz ? Two mark questions 2. What case furnished the common law world with the definition of negligence? Blyth v Birmingham Waterworks (1856) Chapte r 2 Page 3

Quiz ? Two mark questions 3. In law, who is an occupier? An occupier is the person who has the immediate supervision and control of the premises and the power to admit and exclude the entry of others. Occupiers have a responsibility to keep premises safe for others entering upon the premises. Chapte r 2 Page 6

Quiz ? Two mark questions 4. What is the Good Samaritan doctrine? Restricts liability against Good Samaritans to the level of gross negligence or recklessness. Chapte r 3 Page 1 1

Quiz ? Two mark questions 5. Why must bailees exercise a higher standard of care with property entrusted to them? Chap ter When a bailment occurs, the onus of proof shifts to the bailee to disprove negligence. The property was in the hands of the bailee when the loss occurred and the law recognizes that the bailee must explain what happened to the property. 2 Page 1 2

Quiz ? Two mark questions 6. What is remoteness of damage and how can it be proven? Chap ter A defence against negligence: a break in the chain of causation – defendant’s actions are remote from the final consequence. Defendants must prove their actions were not the immediate and effective cause (the proximate cause). 3 Page 3

Quiz ? Two mark questions 7. What is the restriction in effect on an Act of God defence? Chap ter 3 Page 5 It is sometimes necessary for a defendant who has a duty to foresee a natural event to prove that the severity of the incident was unforeseeable.

Quiz ? Two mark questions 8. What does ‘volenti non fit injuria’ mean? Chapte r 3 Page 5 To him that is willing, there is no injury.

Quiz ? Two mark questions 9. What type of agreement relinquishes the right to recover? Chap ter Hold harmless agreement Indemnity provisions 2 Page 1 0

Quiz ? Two mark questions 10. What common law doctrine is concerned with domestic pets? Chap ter Scienter 3 Page 1 1

General Legal Principles Proximate Cause There must be an uninterrupted chain of events… Ø Scott v Shepherd Ø Remoteness of damage Chapter Six

General Legal Principles Joint Tortfeasors Two or more persons who commit a tort… Ø Acting together for common purpose Ø Cause injury or damage to others Chapter Six

General Legal Principles Joint and Several Liability Gives plaintiff the option to sue one or all… Ø Could be advantageous for plaintiff Ø One tortfeasor can bring proceedings against other tortfeasors Chapter Six

General Legal Principles Chapter Six Solidary Obligation in Quebec Similar to joint & several liability… Any one defendant may be liable for the entire share of the judgment.

General Legal Principles Vicarious Liability We can be held responsible for the actions of others… Those who conduct actions on our behalf: Ø Ø Principal & agent Mandator & mandatary Employer & employee Independent contractors Chapter Six

General Legal Principles Principal and Agent An agent is one who acts on another’s behalf Includes express or implied agreement Creation of agency Ø Ø Contract (express) Ratification Estoppel Necessity Chapter Six

General Legal Principles Mandator and Mandatary Civil Code of Quebec Similar to common law rules on agency Mandate Mandator is liable for actions of the mandatary Chapter Six

General Legal Principles Employer and employee Historical context of master – servant relationship Employer responsible for negligent employee A frolic of his own Unauthorized use Unauthorized delegation Chapter Six

General Legal Principles Chapter Six Independent contractors Perform duties requiring special skills Functions independently Liability rests with contractor, not employer General contractor Subcontractor General Contractor a ssumes liability of subcontractor except when: • Dangerous work is u ndertaken • Unlawful work is don e • Principal interferes w ith contractor

General Legal Principles Municipal Liability of municipalities flows from statute law Feasance is the performance of an activity Misfeasance – improper performance Nonfeasance – omission to perform Malfeasance – unlawful act Chapter Six

General Legal Principles Tenants’ Legal Liability on the part of the tenant Lease agreement defines responsibility of tenant Tenants often are joint insured Waiver of subrogation Chapter Six

General Legal Principles Class Actions A member of a group can sue on behalf of all Group members require court authorization Each member must have same interest The claim is against existing assets Chapter Six

General Legal Principles Chapter Six Limitation periods Period of time after which a cause of action may no longer be enforced Limitation period begins when damage occurs Children – begins when reach age of majority

General Legal Principles Judgment Interest Liability policies cover the interest earned on a damage award Prejudgment interest Post judgment interest Chapter Six

It’s a wrap! Chapter Six Tortfeasors Joint & several liability Vicarious liability Municipal liability Tenants Legal Liability Class actions Limitation periods and interest Presentation Title

Next week: Chapter Seven – products liability Homework assignment - part one of the business case - email me your profile next week (before class), martduns@telus. net

The Business Case Part One Identify a business you use or are familiar with. Write a brief description/profile of the business with a view from a liability insurance perspective. Part Two Identify the liability risks that could arise from the operations of the business you visit. E. g. Slip & fall on the premises. Part Three Identify the coverage from the Commercial General Liability policy that will respond to the risks identified in Part Two. Include ways to manage the risk.

The Business Case Business: Acme Coffee Shop 1. Description of liability risk or hazard Coverage (Yes or No) if yes describe nature of coverage Comment – any additional info; how to manage risk Potential bodily injury to customers arising from slip and fall within premises – includes outdoor seating area. Yes. CGL Section 1 – Bodily Injury Scheduled cleaning of floors; slippery when wet signs 2. 3. 4. 5. 6. Exam ple