1. Jane moved to a rural area home and installed a hot tub in the side yard. She filled the tub with water in anticipation of using it. Her property was, however, invaded by hundreds of bees apparently seeking water. As a result of these bees, Jane and her friends and family cannot safely use the hot tub or the side yard from April to September of each year. Silver Maple Apiaries, a licensed honey farm, is located in the area. Silver Maple places its bee hives on the property it leases from Gus who is Jane's neighbour. Jane is now suing both Gus and Silver Maple. Which one of the following is TRUE?
2. (1)Because Silver Maple is licensed to raise and keep bees, it is not liable to Jane.
3. (2)Because Silver Maple leases the land from Gus, it is liable to Jane under the Occupiers Liability
4. Act.
5. (3)Gus is liable to Jane in trespass.
6. (4)Silver Maple may be liable to Jane under the tort of private nuisance.

1. Francesca built an Olympic-size swimming pool in her back garden. All the children in her neighbourhood began to come over and swim in the pool, often without asking permission and on occasions when Francesca was not at home. Francesca then built an 8 foot solid wood fence around the pool which she kept padlocked except when she was using the pool. One day while Francesca was at work Willard, a 9 year old boy, climbed over the fence and while diving off the side of the pool, slipped and hit his head on the edge of the pool, suffering a serious concussion. Which of the following statements is/are FALSE?
2. By building a tall fence and locking it Francesca probably fulfilled her duty to child-trespassers under the BC Occupiers Liability Act.
3. The law may require a higher standard of care when the occupier is aware that children may be entering the premises.
4. Francesca was negligent in not ensuring that it was impossible for an unauthorized person such as Willard to gain access to the pool.
5. If Francesca were not the owner of the property, but only a tenant, she could not be liable under the Occupiers Liability Act.
6. (1)A only
7. (2)AandDonly
8. (3)CandDonly
9. (4)A,B,andDonly

1. Which of the following statements about occupiers liability is TRUE?
2. (1)The definition of an "occupier" in the Occupiers Liability Act includes people who may have temporary control over the premises.
3. (2)The Occupiers Liability Act preserves the common law where the standard of care is owed is based on the category of visitor.
4. (3)The Occupiers Liability Act specifies the different standards of care that are required in different circumstances.
5. (4)The Occupiers Liability Act relieves occupiers of other higher standards of care that may be imposed on the occupier by other statutes.

1. Jim recently lost his job and is finding it difficult to make the mortgage payments on his house. As a result, Jim decides to sell the home and hires the services of Carol, a real estate licensee. In an effort to make his Burnaby house more attractive, Jim immediately starts to repair the fence which surrounds his yard. Jim is not the most organized handyman and often leaves tools, boards and scrap material around the fence. One night Carol arrives with John and Sarah Middleton, a newly married couple looking for a reasonably priced home. After looking at the house, the Middleton's indicate to Jim that they are very interested in Jim's house and that they would like to return to discuss matters further in the morning when they can see what the house looks like in daylight. As John and Sarah leave the yard and walk down the sidewalk to their car, Sarah steps on a board full of nails and injures herself.
2. Which of the following is NOT necessary to establish Jim's liability to Sarah in negligence?
3. (1)Jim did not take the care that a reasonable person would have taken in the circumstances.
4. (2)It is reasonably foreseeable that a person might step on the board full of nails and suffer injury.
5. (3)Sarah's actions represented a reasonable use of the sidewalk.

1. Chuck owns a retail store. The floor of the store is checked 4 times a day and there are many spot cleanups during the course of the day. In fact, the majority of Chuck's time is spent touring the store to ensure, among other things, that the floors are clear. However, 15 minutes after the last complete floor check, Manjit slips on a small hard-coated candy lying on the floor of the store. Manjit sues Chuck. Which of the following statements is TRUE?
2. (1)Because Chuck is aware of the danger created by objects lying on the floor, he is liable for Manjit's injuries.
3. (2)By entering the store, Manjit has willingly accepted the risk that she might fall and therefore is not protected by the provisions of the Occupiers Liability Act.
4. (3)Chuck may be protected by the Occupiers Liability Act because his housekeeping provisions are reasonably intended to prevent this type of injury.
5. (4)All of the above

1. Louisa would NOT be able to sue an occupier under the Occupiers Liability Act in which of the following situations?
2. (1)While driving over to Ken's home, Louisa spills hot coffee down the front of her shirt and stops at a gas station washroom to clean herself up.
3. (2)Louisa, a door-to-door vacuum cleaner salesperson, is given ten minutes to demonstrate her product in Ken's home, during which time a chandelier falls on her.
4. (3)Louisa goes to Barbie's salon for a haircut and is attacked by Barbie's guard dog who has escaped from the back room.
5. (4)Louisa, though not invited, drops in on her friend Ken and walks around to the rear entrance which is Ken's usual entrance. Louisa slips on a skateboard which was left by the back stairs and breaks her arm.

1. Larry Licensee entered a listing agreement with Vera Vendor and subsequently obtained an offer for Vera's property from Paulina Purchaser. Delighted to find a buyer so soon, Vera immediately accepted the offer. One week before the date of completion, Terry Takeover approached Larry with an offer to buy the property from Paulina at a higher price. Paulina accepted Terry's offer and Larry, without informing Vera, arranged the resale once the original transaction closed. Vera has just found out about these dealings and is refusing to pay Larry his commission. Which of the following statements is / are TRUE?
2. Larry can successfully sue Vera for his commission because he satisfied his obligation under the listing agreement by selling the property.
3. Larry was obligated to inform Vera of Terry's offer.
4. If Larry brings a court action against Vera, he will have the burden of proving that he fulfilled
5. his duties under the listing agreement and under common law.
6. In no situation would Larry be able to receive two commissions from the consecutive sale of the
7. same property without breaching the Real Estate Services Act.
8. (1)A only
9. (2)Bonly
10. (3)B and C only
11. (4)CandDonly

1. Dermot owns a flower shop and his deliveries are made by his employee, Gus. While picking up fish and chips to take home for his evening meal, Gus fell asleep at the wheel of his van and injured Molly. Which of the following statements correctly describes Molly's rights?
2. (1)Molly can sue Gus for nuisance.
3. (2)Molly can sue Dermot for Gus' negligence under the principle of vicarious liability.
4. (3)Molly can sue only Gus in negligence because the accident occurred when Gus was doing
5. something outside the ordinary scope of his employment.
6. (4)Dermot's liability would change if Gus were an independent contractor.