QUESTION 11

The purchaser of a bottled beverage is more likely to be successful in a suit for damages against the manufacturer as a result of becoming ill if

a) she saw a long black hair in the bottle and decided not to drink it.

b) she saw a long black hair in the bottle and dropped it on the ground before she opened it.

c) she saw a long black hair in the bottle after taking "a sip".

d) she gave the bottle to a friend and saw a long black hair in the bottom after her friend drank it.

e) she was told by a friend that the bottle had a long black hair in it.

QUESTION 12

At what stage in a negligence action will the court apply the remoteness test?

a) the duty of care stage.

b) the breach of duty stage.

c) the causation stage.

d) the injury/damages stage.

e) the standard of care stage.

QUESTION 13

Stoney Canyon penitentiary is located near the town of Elmwood. One evening a guard employed at the jail failed to properly secure one of the gates near an exercise field. As a result, an inmate escaped and went on a crime spree. Having regard to issues of proximity, foreseeability, and policy reasons, which of the following claimants would be LEAST LIKELY to succeed in a court action against the guard and/or the jail?

a) A claim by a citizen of Elmwood whose vehicle was carjacked within hours of the escape

.b) A claim by a gas station owner for personal injury and economic losses occasioned by the escaped inmate's assault and robbery which took place two months later and 250 kilometres away from the jail.

c) The claim of a local bingo parlour whose premises were torched by the inmate after a standoff with the police the day after his escape.

d) The claims of an elderly couple injured in an automobile accident two days after the escape during which the inmate crashed into their car following a high speed pursuit.

e) The claim of a taxi driver who was robbed and beaten by the inmate a week after his escape