problem 1: Under the thin skull theory, plaintiffs who are unusually vulnerable due to physical or psychological infirmities would:
a. Be entitled to damages for all of their losses.
b. Be entitled to damages for losses a normal person would have suffered.
c. Not be entitled to any damages for their losses.
d. Be entitled to damages suffered because they are unusually poor.
problem 2: This complete defence to a tort action asserts that the plaintiff freely agreed to accept the risk of injury or loss:
a. Contributory negligence
b. Voluntary assumption of risk
c. Illegality of the act that caused the harm
d. Lack of a standard of care
problem 3: In terms of product liability, there is a duty of care on a Canadian manufacturer to give consumers warning:
a. About risks of a product that are not reasonably foreseeable to the manufacturer.
b. When, even though a product may not be defective, dangers may arise when it is used.
c. When, after a product has been placed on the market, the company becomes aware of potential dangers in its use.
d. Both b and c.
problem 4: A professional’s duty of care may arise from:
a. Contractual duty.
b. Fiduciary duty.
c. Duty in tort.
d. All of the above.
problem 5: Which of these is not true about the standard of care imposed on a professional in a tort action?
a. The standard is that of a reasonable professional in similar circumstances.
b. It is based on information reasonably available in foresight, not hindsight.
c. An error in professional judgment will result in liability.
d. A professional who follows an approved practice cannot be found liable.