LGL 152: Contracts & Torts for Paralegals week 13

What defines an 'occupier' under the Occupiers' Liability Act?

• A person in physical possession of premises

• A person who visits the premises

• A person who occasionally maintains the premises

• A person who has viewed the premises online

What is required to prove negligent misrepresentation?

• Proof of intentional falsehood

• A written contract between the parties

• A public announcement of the advice

• Financial loss due to reliance on inaccurate advice

Under what condition can an occupier restrict their duty of care?

• By clearly communicating the exclusion to entrants

• By posting a sign anywhere on the property

• By verbally warning entrants as they arrive

• By assuming no one will get injured

What is a key element of product liability?

• The advertising strategy for the product

• The price of the product

• The color of the product

• Negligence during the product's manufacturing or design

What does strict liability involve?

• Liability without negligence or intentional harm

• Liability only with a signed contract

• Liability when there is a witness

• Liability with proof of direct damage only

What is the standard of care for professionals?

• Avoiding any legal responsibilities

• Following personal judgment only

• Care of a reasonably careful and competent practitioner

• Adhering strictly to client instructions

What can vicarious liability involve?

• A company being liable for external market conditions

• An employee being liable for the acts of their employer

• An employer being liable for the acts of their employee

• A customer being liable for a company's losses

What is a defense against strict liability in the case of 'escape'?

• Lack of witnesses to the escape

• Ignorance of the law

• Consent of the affected party

• High costs of preventing the escape

What does the Occupiers' Liability Act generally require an occupier to ensure?

• Safety of persons and property on the premises

• Comfort of all visitors regardless of their purpose

• Entertainment of guests

• Provision of food and drink

What is a common defense in professional liability cases?

• Denying professional status

• Blaming the client for the outcome

• Claiming ignorance of the issue

• Adherence to professional codes of conduct