Chapter 1 - Tort
Tort versus Criminal Law
Types of Torts
Joint (Tortfeasors) and Several
(Tortfeasors) Liability
Contributory Negligence
Negligence
The “But For” Test for Causation
The Material-Contribution Test for
Causation
Test of Foreseeability
Proximity
The “Eggshell Skull” Rule

Chapter 5 - The CGL Policy
Coverage A – Bodily Injury
and Property Damage Liability
Defining “Bodily Injury”
Defining “Property Damage”
Pure Economic Loss
When Pure Economic Loss Is
Recoverable under Common Law
Coverage C – Medical Payments
Coverage D – Tenants’ Legal Liability
Expected or Intended Injury
Contractual Liability:
The Most Misinterpreted Exclusion

in a CGL Policy
“Business Risks” Exclusions

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Chapter 2 - Contract
Duty of Good Faith
Insured Contract
Hold Harmless and Indemnity
Agreements
The Benefit of Doubt –
Ambiguity in Contract Wordings
Liability under Tort and Contract
Concurrence Theory/Concurrent
Liability

Chapter 3 - Understanding The

Judicial System 
Statement of Claim
Limitation Period
Contribution and Indemnity Claims
Relief/Damages Sought
Issuing and Serving of
the Statement of Claim
Statement of Claim
Served upon an Insured
Defending an Action
Uninsured Pleadings
Summary Judgment
Discovery
Mandatory Mediation
The Cost Benefit Analysis

Chapter 6 - Investigating A Liability Claim
The Insured
The Occurrence
Trigger Theories
The Allegations – Duty to Defend
Duty to Defend an Additional Insured
Investigating a CGL Claim
Investigation with the Insured
Investigation with the Claimant / Third
Parties
Social Media/Video Surveillance
Investigations
Case Law Research
Documenting the Documentation
“Nuisance” Value Settlement

Chapter 4 - Legislative Acts
Occupiers’ Liability
Act, R.S.O. 1990, c. O.2 48
Sale of Goods Act, R.S.O. 1990, c.
S.1 50

Chapter 7 - Reservation of Rights
Legal Doctrine of Estoppel
Waiver by Conduct
Main Elements of an RoR
Conflict of Interest
Reasonable Apprehension
Costs of Defe

Chapter 8 - Final Release
Executed Release
Elements of a Comprehensive
Release
Claims Over Provision
Contribution and Indemnity
Standard Form of Final Release –
IBC

Chapter 9 - Case Law/Claims
Oh Deer!
Oh Crap!
B(A)Rawl
That’s Hot!
Minor Theft
Shot at Karaoke
Turned Tables

BASICS OF GENERAL LIABILITY CLAIMS

Chapter 1 - Parties Involved 

Common Carrier

Contract Carrier

Owner Operator

Shipper/Consignor

Consignee/Receiver

Load/Transportation Broker

Freight Forwarder

Customs Broker

Parties Involved When A Claim

Situation Arises

Chapter 6 - Motor Truck Cargo Policy

The Insuring Agreement

Warranties

Unpaid Freight Charges

Debris Removal and Defense Costs

Exclusions

Reefer Machinery Breakdown

Conditions/Clauses

Chapter 7 - Load Broker Liability Policy

The Insuring Agreement

The Fictitious Pick-Up

Contingent Liability

Limitation of Liability - Caution while

Signing Contracts

Errors and Omissions Coverage

Warranties

Exclusions

Chapter 2 - The Contract of

Carriage (Part I)

The Bill of Lading

The Prescribed Form of Bill of Lading

The Bills of Lading Act

Mercantile Law Amendment Act

Received in "Apparent Good Order"

Why Must Bills of Lading Be Issued

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Chapter 3 - The Contract of

Carriage (Part II)

Fundamental Breach of Contract

Transportation Contracts

Declared Valuation

Declared Value is Not the

Shipment Value

What Constitutes a Declared Value

Chapter 4 - The Statutory Regulations

Joint and Several Liability

Limitation of Liability

Notice of Claim

Conditions of Carriage

Deeming" Provisions

Exceptions

Cargo Insurance

A Few Interesting Case Law

Chapter 5 - The Aarmack Amendment

Applicability of Carmack

Exempted Commodities

Cross Border Shipments

Liability Under Carmack

Lost Profits and the Concept of

Lost Volume Sellers

Limiting the Liability

Under Carmack

Defenses, Notice Periods

and Intent to Claim

NMFC Members

Chapter 8 - Investigating a Cargo

Liability Claim

Investigation with the Insured

and Third Parties

Cargo Inspection

Documentation

Freight and the Principle of

"Equitable Set - Off"

Towing

Substantiating the

Value of Shipment

Salvage

Chapter 9 - Probing a

Temperature Abuse claim

Dry Freight Vs

Temperature

Controlled

Understanding the

Workings

of a Reefer/

Temperature Controlled

Unit

What is a Temperature

Abuse Claim?

Warmer Cargo

Colder Cargo

Temperature Recorder

Claims Investigation and

Risk Management Tips

BASICS OF

CARGO LIABILITY CLAIMS

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