Question

26.a. What must a plaintiff prove to succeed in a defendant's negligence claim?

A) In order to succeed in an action based on the negligence of the defendant, the plaintiff must prove the following: 1. The defendant has failed in his obligation of confidentiality; 2. The conduct of the defendant has caused damage and / or economic loss; 3. There is a causal link between the damage suffered and the fault of the defendant.

B) To succeed in a defendant's negligence claim, the plaintiff must prove the following: 1. The defendant had a duty to act diligently and he failed in that duty: 2. The defendant's conduct caused damage and / or economic loss: 3. There is a causal link between the damage suffered and the fault of the defendant

C) To succeed in a defendant's negligence claim, the plaintiff must prove the following: 1. The plaintiff had a duty to act diligently and he failed in that duty; 2. The conduct of the defendant has caused damage and / or economic loss; 3. There is a causal link between the injury suffered and the injury and damage.

D) To succeed in a defendant negligence claim, the plaintiff must prove the following: 1. The plaintiff had a duty to act diligently and he failed in that duty; 2. The conduct of the plaintiff caused damage and / or economic loss; 3. There is a causal link between the damage suffered and the fault of the defendant.

E) To succeed in a defendant's negligence claim, the plaintiff must prove the following: 1. The defendant had a duty to act diligently and he failed in that duty; 2. The conduct of the defendant has caused damage and / or economic loss beyond a reasonable doubt; 3. There is a causal link between the damage suffered and the fault of the defendant.

26.b. Who will compensate Pierre who suffered serious injuries in a road accident in Gatineau?

A) The defendant's insurer who is responsible for the accident suffered by Pierre.

B) Pierre's insurer who will indemnify him and then claim the amounts owed to the defendant's insurer.

C) The Quebec Automobile Insurance Company (SAAQ).

D) The Ontario Ministry of Government and Consumer Services.

E) The Workplace Safety and Insurance Board (WSIB).

26.c. What exception is there in the rule that an agreement is illegal if it tends to compensate a person for the consequences of his own wrongdoing?

A) The main exception to this rule is in insurance contracts.

B) The main exception to this rule is at the level of promises to pay a gambling debt. C) The main exception to this rule is at the level of voidable contracts.

D) The main exception to this rule is in stock market transactions.

26.d. The partner of a limited liability partnership is neither personally nor jointly liable for damages resulting from the fault or professional negligence of another partner:

A) false, his liability is personal, joint and several and unlimited for damages resulting from the professional fault or negligence of another partner.

B) false, its liability is only personal for damages resulting from the fault or professional negligence of another partner.

C) false, its liability is personal and joint but limited for damages resulting from the fault or professional negligence of another partner.

D) true, he is only responsible for his own professional misconduct and the obligations of the company.

E) false, its liability is only joint and several for damages resulting from the fault or professional negligence of another partner.

Answer 1

Q 26 (a) The correct answer is option B. To succeed in a defendant's negligence claim, the plaintiff must prove the following: 1. The defendant had a duty to act diligently and he failed in that duty: 2. The defendant's conduct caused damage and / or economic loss: 3. There is a causal link between the damage suffered and the fault of the defendant.

Negligence claims must prove four things in court: duty, breach, causation, and damages/harm. In other words, when someone acts in a careless way and causes an injury to another person, under the legal principle of "negligence" the careless person will be legally liable for any resulting harm.

Q 26 (b) The correct answer is option B. Pierre's insurer who will indemnify him and then claim the amounts owed to the defendant's insurer.

Q 26 (c)The correct answer is option D. True, he is only responsible for his own professional misconduct and the obligations of the company.The limited liability partnership (LLP) structure has protected the partners in a number of related financial services firms from having to take personal responsibility for a professional negligence claim.