CAIB 3 UPDATED EXAM SCRIPT QUESTIONS AND
ANSWERS GUARANTEE A+
✔✔Explain the 'reasonable man' - ✔✔A mythical person whose conduct varies
according to the situation confronting him and according to the jury judging him
✔✔Explain the rationale behind the principal of Strict Liability - ✔✔To place a greater
onus of responsibility for losses which are likely to occur on those who are in the best
position to control them
✔✔Can strict liability be a matter of common law, statute law or both? - ✔✔Both
✔✔Identify four activities that can impose strict liability - ✔✔1. the setting off of
explosives
2. The lighting of fires
3. The operation of aircraft
4. The keeping of a dangerous thing on the premises, such as water in a dam or cistern,
gas, electricity and wild animals
✔✔Identify 11 liability exposures that business owners may face - ✔✔1. Premises and
operations liability exposure
2. Product liability exposures
3. Personal injury liability exposures
4. Pollution liability exposures
5. Completed operations liability exposures
6. Contingent liability exposures
7. Contractual liability exposure
8. Liability for property in the business's care, custody or control
9. Employers liability exposures
10. Incidental Medical Malpractice Exposure
11. Automobile/Aircraft liability exposures
✔✔Identify three examples of Premises Exposure - ✔✔1. A loose railing or faulty
stairwell
2. Wet or slippery floors
3. Carpeting which has lifted
✔✔Identify three examples of Operations Exposure - ✔✔1. Property damaged by a
spark caused by welding operations
2. Employee accidentally drops a can of paint on a customers foot
3. Carpet cleaner gets bleach on customers furniture
✔✔Identify how a customer on a business premises would be classified under common
law - ✔✔Invitee
, ✔✔Occupiers Liability Acts are statute law and therefore overrule common law. Identify
how a customer on a business premises would be classified under statute law -
✔✔Visitor
✔✔Identify the duty owed to a visitor under Occupiers' Liability Acts - ✔✔Such care as
in all the circumstances of the case is reasonable to see that the visitor will be
reasonably safe in using the premises for the purpose for which he is invited or
permitted by the occupier or by law to be there
✔✔Identify two instances when a principal would not be liable for the acts of an
independent contractor - ✔✔Reasonable care was exercised in the selection of the
independent contractor and;
It was reasonable that the work the independent contracted was engaged to do should
have been undertaken
✔✔Identify three instances when a principal would be liable for the acts of an
independent contractor - ✔✔1. When the work being contracted is inherently dangerous
2. When injury or damage results from the contractor's use of defective fixtures,
machinery or equipment suppled by the principal
3. When the principal controls the manner in which the work is to be done
✔✔Explain the liability of the building owner for 'single occupancy buildings' and the
exception to the rule - ✔✔Landlords are not liable to tenants or their customers for
injuries caused by the unsafe condition of the premises, except if the landlord fails to
notify the tenant of any dangerous conditions they were aware of or ought to have been
aware of, that existed at the time the lease was made
✔✔Explain the liability of the building owner for 'multiple occupancy building' - ✔✔The
landlord is responsible to both the tenant and persons who enter onto the premises only
for the condition of areas common to all occupencies
✔✔Identify three examples of Nuisance - ✔✔1. Smoke, odours, noxious vapours or
fumes
2. Noise or vibrations
3. Pollution of land and waterways from harmful wastes
✔✔Identify two examples of Trespass - ✔✔1. Erecting a building so that a part of it
overhangs onto a neighbours land
2. Dumping of waste materials on the land of another
✔✔Identify what constitutes a defective product - ✔✔Contained something it should not
have or
Something was omitted in its manufacture that should have been there
ANSWERS GUARANTEE A+
✔✔Explain the 'reasonable man' - ✔✔A mythical person whose conduct varies
according to the situation confronting him and according to the jury judging him
✔✔Explain the rationale behind the principal of Strict Liability - ✔✔To place a greater
onus of responsibility for losses which are likely to occur on those who are in the best
position to control them
✔✔Can strict liability be a matter of common law, statute law or both? - ✔✔Both
✔✔Identify four activities that can impose strict liability - ✔✔1. the setting off of
explosives
2. The lighting of fires
3. The operation of aircraft
4. The keeping of a dangerous thing on the premises, such as water in a dam or cistern,
gas, electricity and wild animals
✔✔Identify 11 liability exposures that business owners may face - ✔✔1. Premises and
operations liability exposure
2. Product liability exposures
3. Personal injury liability exposures
4. Pollution liability exposures
5. Completed operations liability exposures
6. Contingent liability exposures
7. Contractual liability exposure
8. Liability for property in the business's care, custody or control
9. Employers liability exposures
10. Incidental Medical Malpractice Exposure
11. Automobile/Aircraft liability exposures
✔✔Identify three examples of Premises Exposure - ✔✔1. A loose railing or faulty
stairwell
2. Wet or slippery floors
3. Carpeting which has lifted
✔✔Identify three examples of Operations Exposure - ✔✔1. Property damaged by a
spark caused by welding operations
2. Employee accidentally drops a can of paint on a customers foot
3. Carpet cleaner gets bleach on customers furniture
✔✔Identify how a customer on a business premises would be classified under common
law - ✔✔Invitee
, ✔✔Occupiers Liability Acts are statute law and therefore overrule common law. Identify
how a customer on a business premises would be classified under statute law -
✔✔Visitor
✔✔Identify the duty owed to a visitor under Occupiers' Liability Acts - ✔✔Such care as
in all the circumstances of the case is reasonable to see that the visitor will be
reasonably safe in using the premises for the purpose for which he is invited or
permitted by the occupier or by law to be there
✔✔Identify two instances when a principal would not be liable for the acts of an
independent contractor - ✔✔Reasonable care was exercised in the selection of the
independent contractor and;
It was reasonable that the work the independent contracted was engaged to do should
have been undertaken
✔✔Identify three instances when a principal would be liable for the acts of an
independent contractor - ✔✔1. When the work being contracted is inherently dangerous
2. When injury or damage results from the contractor's use of defective fixtures,
machinery or equipment suppled by the principal
3. When the principal controls the manner in which the work is to be done
✔✔Explain the liability of the building owner for 'single occupancy buildings' and the
exception to the rule - ✔✔Landlords are not liable to tenants or their customers for
injuries caused by the unsafe condition of the premises, except if the landlord fails to
notify the tenant of any dangerous conditions they were aware of or ought to have been
aware of, that existed at the time the lease was made
✔✔Explain the liability of the building owner for 'multiple occupancy building' - ✔✔The
landlord is responsible to both the tenant and persons who enter onto the premises only
for the condition of areas common to all occupencies
✔✔Identify three examples of Nuisance - ✔✔1. Smoke, odours, noxious vapours or
fumes
2. Noise or vibrations
3. Pollution of land and waterways from harmful wastes
✔✔Identify two examples of Trespass - ✔✔1. Erecting a building so that a part of it
overhangs onto a neighbours land
2. Dumping of waste materials on the land of another
✔✔Identify what constitutes a defective product - ✔✔Contained something it should not
have or
Something was omitted in its manufacture that should have been there
