Assignment 4 Chapter 6

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Professional Liability of Real Estate Licensees

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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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