Flashcards
Assignment 4 Chapter 6
Cards in this deck (20)
- 1Define "Negligence"a failure to exercise a duty of care
- 2What 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 - 3What is "Vicarious Liability"?legal doctrine that holds employers / principals accountable for wrongful conduct of employees or agents in ordinary course of employment
- 4What is the most common basis for liability against agents?Negligent Misrepresentation
- 5What are the 2 types of negligent misrepresentation?1. negligent misrepresentation
2. deceit and fraudulent misrepresentation - 6What 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 - 7Name 2 ways to avoid negligent misrepresentation:1. Refuse to advise
2. Provide disclaimer for responsibility on accuracy or reliability - 8What is a tort?a civil wrong in which the state is not involved and the courts will find a rmedy
- 9Define "Trespass"a legal term for
wrongfully entering,
remaining on
or placing something
on another's land - 10What are the 3 types of trespass?1. Wrongful entry
2. Wrongful remaining
3. Wrongful placing - 11Who can sue for trespass?person in actual possession of land at time of trespass
- 12What are the 3 remedies for victims of trespass?1. damages
2. injunction
3. self help - 13Define: Private Nuisancewrongfully allowing escape of injurious things onto another person's land or wrongful disturbance of an easement or interest granted over land
- 14What are the 2 types of Private Nuisance?1. interference that causes physical damage
2. unreasonable interference with occupier's use and enjoyment of property - 15Define: "abatement"the peaceable prevention or removal of a nuisance
- 16Is the fact that a nuisance caused by an individual is beneficial to the public a valid defence at law?No
- 17What 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.
- 18If a real estate licensee breaches the duty of utmost good faith to his or her client, the licensee has breached a ___________ duty.Fiduciary
- 194 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 statement1) 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
- 20The 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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- Professional Liability of Real Estate Licensees
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