Midterm Questions

Midterm Questions - SAMPLE MIDTERM EXAM QUESTIONS MOS 276B...

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S AMPLE M IDTERM E XAM Q UESTIONS MOS 276B 1. Don participated in an experimental drug trial at University Hospital. Prior to the trial, Don signed a consent form that contained a clause saying only “Don hereby consents to the administration of the drug trial including the injection of a new experimental drug. University Hospital is not responsible for any injuries caused by or relating in any way to the experimental drug or it use in the drug trial.” Don has suffered serious side effects from the experimental drug and wishes to sue University Hospital. Which of the following is true: (a) University Hospital will not be liable to Don. (b) University Hospital will be liable to Don in negligence. (c) University Hospital will be liable to Don for breach of contract. (d) University Hospital will be liable to Don for intentional tort. 2. Which courts in Canada is the Hill v. Church of Scientology case binding upon: (a) All courts in Canada. (b) All courts in Canada except the Supreme Court of Canada. (c) All trial courts in Canada but not appeal courts. (d) All appeal courts in Canada but not trial courts. 3. Which is the ratio of the M’Alister v. Stevenson case: (a) The manufacturer owed the plaintiff a duty of care. (b) The manufacturer acted unreasonably. (c) The manufacturer caused the plaintiff’s injuries. (d) The appeal was allowed. 4. According to the John v. Flynn decision, the modern approach to determining the existence of a duty of care is that established by the English House of Lords in Anns v. Merton London Borough Council. Which is correct:
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This note was uploaded on 03/08/2011 for the course MOS 276 taught by Professor King during the Spring '11 term at UWO.

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Midterm Questions - SAMPLE MIDTERM EXAM QUESTIONS MOS 276B...

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