Reference no: EM133331007
Questions
1. Li Ling is a truck driver for ACME Safe & Piano Company. After work, Li took the company truck to go grocery shopping. She lost control of the truck and smashed into a house, injuring the occupant. The occupant is suing both Li and ACME Safe & Piano Company. The most the likely outcome of the case is that
a. The claimant will likely succeed against Li but not ACME.
b. The claimant will likely succeed against ACME but not Li.
c. The claimant will likely not succeed against either defendant.
d. The claimant will likely succeed against both defendants.
2. To which of the following situations would vicarious liability NOT apply?
a. The owner of Dazzler's Tavern is concerned that one of her servers may have allowed a customer to leave the Tavern impaired. The customer was involved in a multi-vehicle accident shortly after leaving the premises.
b. After a part-time clerk in a local grocery store spilled liquid dish detergent on the floor, he failed to clean it up before a customer slipped and fell on it, suffering a concussion.
c. Fourteen-year-old Danny, while playing with his friends, threw a rock through a massive display window in a neighbourhood car dealership. The dealer is threatening to sue Danny's mother to pay for the damage.
d. One of the technicians at Quality Repair Inc. failed to tighten the lug nuts on a school bus after replacing one of its tires. The bus driver claims to have lost control when the tire flew off, causing a crash that injured four children.
3. A trucker you hired to make deliveries is involved in a motor vehicle collision, and is sued for careless driving. Which of the following is NOT a relevant factor when the judge is deciding if you are vicariously liable as an employer?
a. The driver uses the driver's own truck for deliveries.
b. The driver pays her own income tax and employment insurance.
c. The contract stipulates that the driver works independently and is not an employee.
d. The driver has a valid driver's licence for that class of truck.
4. Your company hired Cyrus to provide winter and summer maintenance around your business office. Which of the following factors most strongly indicates that Cyrus is an independent contractor rather than an employee?
a. Cyrus previously committed a tort while working for another company.
b. Cyrus uses his own lawn mower and snowblower for the jobs.
c. Cyrus often works on weekends.
d. Your company holds a general liability insurance policy.
5. A court is most likely to award the plaintiff nominal damages if
a. The plaintiff lost at trial but won on appeal.
b. The court granted an equitable remedy.
c. The plaintiff has not suffered actual damages.
d. The defendant committed the tort of negligence.
6. A factory in your neighbourhood has been emitting toxic fumes that are causing your children serious respiratory problems. If you sue, which of the following concepts is most likely to fix this situation?
a. Punitive damages.
b. An injunction.
c. Remoteness.
d. Nominal damages.
7. Maria has suffered an injury on the shop floor. The company she works for pays into an alternative compensation scheme. Maria's most likely course of action is to
a. Sue under the law of employment.
b. Sue under tort law.
c. Avoid mitigation.
d. File a claim for workers' compensation.
8. Some provinces have adopted no-fault compensation schemes for injuries suffered in motor vehicle collisions because
a. Tort law can be slow and inefficient.
b. Insurance companies generally refuse to provide insurance for motor vehicle accidents.
c. Lawyers could not be found to represent people injured in tort cases arising from motor vehicle collisions.
d. Awards for serious injuries are usually larger in a no-fault system.