4276610
Description
Flashcards by talktothehan, updated more than 1 year ago
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Created by talktothehan
over 8 years ago
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| Question | Answer |
| Define "Negligence" | a failure to exercise a duty of care |
| What are the 3 things required to prove negligence? | 1. Defendant owed Plaintiff a duty of care 2. Defendant breached standard of care owed 3. Damages suffered not too remote in law reasonable and foreseeable |
| What is "Vicarious Liability"? | legal doctrine that holds employers / principals accountable for wrongful conduct of employees or agents in ordinary course of employment |
| What is the most common basis for liability against agents? | Negligent Misrepresentation |
| What are the 2 types of negligent misrepresentation? | 1. negligent misrepresentation 2. deceit and fraudulent misrepresentation |
| What are the 4 requirements for negligent misrepresentation? | 1. untrue statement 2. made negligently 3. duty of care relationship 4. reasonable reliance by plaintiff where damages or loss foreseeable |
| Name 2 ways to avoid negligent misrepresentation: | 1. Refuse to advise 2. Provide disclaimer for responsibility on accuracy or reliability |
| What is a tort? | a civil wrong in which the state is not involved and the courts will find a rmedy |
| Define "Trespass" | a legal term for wrongfully entering, remaining on or placing something on another's land |
| What are the 3 types of trespass? | 1. Wrongful entry 2. Wrongful remaining 3. Wrongful placing |
| Who can sue for trespass? | person in actual possession of land at time of trespass |
| What are the 3 remedies for victims of trespass? | 1. damages 2. injunction 3. self help |
| Define: Private Nuisance | wrongfully allowing escape of injurious things onto another person's land or wrongful disturbance of an easement or interest granted over land |
| What are the 2 types of Private Nuisance? | 1. interference that causes physical damage 2. unreasonable interference with occupier's use and enjoyment of property |
| Define: "abatement" | the peaceable prevention or removal of a nuisance |
| Is the fact that a nuisance caused by an individual is beneficial to the public a valid defence at law? | No |
| What is a private nuisance? | A private nuisance occurs when an owner or occupier of land unreasonably and substantially interferes with the reasonable use and enjoyment of a neighbouring property. |
| If a real estate licensee breaches the duty of utmost good faith to his or her client, the licensee has breached a ___________ duty. | Fiduciary |
| 4 requirements for establishing negligent misrepresentation: 1) there must be an _______ statement; 2) it must have been made _______; 3) there must be a special relationship creating a ______ ___ ______; 4) the plaintiff must have ______ ______ on the negligently made statement | 1) there must be an untrue statement; 2) it must have been made negligently; 3) there must be a special relationship creating a duty of care; and 4) the plaintiff must have reasonably relied on the negligently made statement |
| The tort of deceit is similar to the concept of negligent misrepresentation. (1) True (2) False | (2) False. The tort of deceit is similar to the concept of fraudulent misrepresentation, which applies to the law of contract. |
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