RETS / CHAPTER 5

Question 1

The tort of __________ involves a failure by a person to exercise a duty of care in circumstances which require that person to take care.

Answer 1

Answer: Negligence

Question 2

The tort of negligence requires the plaintiff to prove three things:

Answer 2

• *(1) defendant owed a duty of care.
  (2) defendant breached the standard of care.
  (3) Damages suffered were not too remote.**

Question 3

True or False?
When a licensee fails to perform to the required standard of care and damage or loss results to a party, the licensee can be found liable.

Answer 3

Answer: True

Question 4

The doctrine of ______ imposes liability upon an employer or principal for the conduct of an employee or agent, on the grounds that the employer or principal should be held accountable for losses to third parties that arise from the actions of the employer or principal.

Answer 4

Answer: Vicarious Liability

Question 5

A _______ is an assertion or manifestation by words or conduct that is not in accord with the facts.

Answer 5

Answer: Misrepresentation

Question 6

What are the four requirements to be found liable for misrepresentation?

Answer 6

• *(a) must be an untrue statement;
  (b) it must have been made negligently;
  (c) must be a special relationship
  (d) must be reliance on the negligent statement.**

Question 7

True or False?
A special relationship giving rise to a duty to take care will be created where a skilled person, or expert, gives advice in the course of his or her business to a person who is reasonably going to rely on that advice.

Answer 7

Answer: True

Question 8

A skilled person, or expert, has three options when giving advice:

Answer 8

• *(1) refuse to give the advice, or
  (2) give the advice with qualification; or
  (3) may give the advice with no qualification or disclaimer of liability.**