Asked by marta velazquez on Jul 09, 2024
Verified
Because of the North American Free Trade Agreement and increasing world competition, a provincial government decided to help businesses by providing more information about market conditions, currencies, etc., around the world. It opened small offices throughout the province that provided business information retrieved from the government's database, which was frequently updated. Mr. Hill relied on some information given to him by Alex Chec, an employee of the government. The information was wrong due to Chec's mistake; it was his job to cross-check that information before it was released to the public, but he forgot to do it. Mr. Hill suffered a $15,000 loss because of the error. Which of the following is true?
A) Mr. Hill cannot take any action because he suffered no physical injury. The case only deals with information.
B) If Mr. Hill sues the government on the principle of vicarious liability, he cannot also sue the employee at fault.
C) On these facts, Mr. Hill could sue successfully on the principle of strict liability.
D) Mr. Hill could not take any action because he had not entered into a contract with the government for this information.
E) To win in an action against the government, Hill must prove that the government owed him a duty of care, fell below the standard of care owed, and thereby caused him a foreseeable loss.
Vicarious Liability
A legal principle where one party is held liable for the actions of another party, such as an employer being responsible for the acts of its employees.
Strict Liability
A legal principle where responsibility for damages is assigned without the need to prove negligence or fault.
Duty of Care
A legal obligation imposed on an individual requiring adherence to a standard of reasonable care while performing any acts that could harm others.
- Understand the distinctions and connections between tort law and contractual obligations.
- Analyze how negligence is assessed within the context of professional advice and services.
Verified Answer
FA
Faisal AlsaadJul 10, 2024
Final Answer :
E
Explanation :
E is correct because it outlines the principles of negligence, which apply here. Mr. Hill would need to prove that the government (through its employee) owed him a duty of care, breached that duty by providing incorrect information, and that this breach caused him a foreseeable financial loss.
Learning Objectives
- Understand the distinctions and connections between tort law and contractual obligations.
- Analyze how negligence is assessed within the context of professional advice and services.