1. In the context of Res Ipsa Loquitur, who is the burden of proof on?
2. Which of the following regarding tort is INCORRECT?
3. Select the CORRECT statement with regards to contracts vs. tort?
4. Which of the following is not a type of tort?
5. Contributory negligence is a?
6. In the tort of negligence, what is the legal effect of Res Ipsa Loquitur?
7. Which of the following is INCORRECT concerning negligence?
8. To whom does an auditor owe a duty of care NOT to act negligently, in respect to audited accounts?
9. What does the decision form Caparo state?
10. Select the CORRECT statement.
A. Pure economic loss is connected to physical injury or damage to property.
B. Economic loss is unconnected to physical injury or damage to property.
C. Pure economic loss is unconnected to physical injury or damage to property.
D. Economic loss is connected to physical injury or damage to property.
11. Which of the following is INCORRECT with respect to damages as a result of breach of duty?
12. The Consequence when a patient signs a medical consent form before an operation is, which of the following?
13. Which type of legal wrong is 'passing-off' classified as?
14. Which of the following is NOT considered in determining whether a duty of care exists?
15. In which ONE of the following circumstances will the court reduce the award of damages to a claimant?
16. Which TWO of the following are losses that are usually recoverable?
A. Personal injury losses.
B. Damages to property.
C. Damages that are remote.
17. Which of the following statement/s is/are TRUE?
i. No previous transaction is required in tort.
ii. When the claimant intervened in the chain of causality, the court will reduce the award of damages to a claimant.
18. Anne injured her eye after failing to close a safety gate on a machine as instructed. She was also not wearing her compulsory safety goggles as required by the contract on employment. Anne’s situation is an example of which of the following?
19. Which of the following statement/s is/are CORRECT?
i. Actions in tort are heard in the criminal court system.
ii. Pure financial losses caused by negligent misstatements are not recoverable.
iii. The only remedy for a victim of a tort is damages.
20. There are few defenses to a charge of negligence. Which of the below is NOT one such defenses?
21. In assessing whether a duty of care exists, which of the following tests will be taken into consideration?
i. Was the damage reasonably foreseeable by the defendant at the time of the act or omission?
ii. Has the defendant intentionally caused physical damage or financial loss?
iii. Was it fair and reasonable for the law to impose a duty of care?
iv. Has the claimant taken reasonable steps to mitigate the loss suffered?
22. Where a business includes a term in a contract which excludes liability for death and personal injuries through negligence, which of the following states the effect of the term?
23. Select the TWO statement that correctly describes about Volenti non fit injuria.
A. It is an intervening act that breaks the chain of causation.
B. It is where the claimant consents to exempt the defendant from the tort.
C. It is where the claimant is also a part of injuries caused.
D. The consent given can be express or implied by the claimant.