I need some help in this law of tort issue here-
Which one of
the following statements about tort and crime is false?
a.
The primary
lawmaker in tort is legislature whereas that for crime is the
courts.
b.
The immediate
purpose of tort is to compensate victim whereas that of crime is to
punish the criminal.
c.
The form of
law for tort is mainly case law whereas that for crime is mainly
statute.
d.
The initiating
party in an action for tort is the plaintiff whereas that for crime
is the state.
Which one of
the following is not required in an action for
negligence?
a.
Plaintiff
needs to show that the defendant owes him a legal duty of
care.
b.
Plaintiff
needs to show that the breach of a legal duty of care caused him
loss.
c.
Plaintiff
needs to show that the defendant has breached a legal duty of care
owed to him.
d.
Plaintiff
needs to prove at all times how a breach of a legal duty of care
caused him damages.
Which of the
following torts is/are actionable per se?
John invited
his friends to a party at his house and his friends created a
commotion way past midnight. Who is responsible for this
nuisance?
a.
John.
b.
John's
friends.
c.
Both John and
his friends.
d.
No one as it
is not a nuisance.
What are the
components of a reasonable warning notice?
(i) It
should be unambiguous.
(ii) It
should highlight the nature of the risk.
(iii) It
should propose a solution.
a.
(i)
only.
b.
(i) & (ii)
only.
c.
(ii) &
(iii) only.
d.
All of the
above.
Which of the
following describe(s) a private nuisance?
(i) The
wrongful act must be more than ordinary everyday
inconvenience.
(ii) The
wrongful act need not be recurring if physical damage
occurs.
(iii) The
wrongful act must be assessed with reference to the surroundings at
all times.
a.
(i)
only.
b.
(i) & (ii)
only.
c.
(i) &
(iii) only.
d.
All of the
above.
Which one of
the following does not explain why the case
of Donoghue v Stevenson (1932) was a landmark case?
a.
It was the
first case whereby the courts has held a party liable for damages
in the absence of a contractual relationship.
b.
It was the
first case whereby a person had successfully sued another
despite a lack of reasonable foreseeability and
proximity.
c.
It was
this case which saw the birth of the legal concept of
tort of negligence.
d.
It was the
first case whereby a person had successfully sued another despite
the lack of a contractual relationship.
Which one of
the following is an example of exclusion of liability?
a.
Plaintiff did
not put on the safety harness while taking a roller-coaster
ride.
b.
Plaintiff was
asked to sign an indemnity form.
c.
Plaintiff did
not wear safety helmet while he was on the
worksite.
d.
Plaintiff went
on a joy ride in a car with a drunk driver.
What does
Section 2 of the Unfair Contract Terms Act 1977 says?
a.
That an
occupier must ensure his lawful visitors are reasonably safe for
the purpose of their visit.
b.
That a person
is liable if his negligent act causes death or personal
injury.
c.
That the
purpose to be served, if sufficiently important, justifies the
assumption of abnormal risk.
d.
That a person
is not liable if it is too costly and impractical to take
precautions.
Which one of
the following is not likely to get
an occupier discharge from liability for faulty work
executed by an independent contractor?
a.
The occupier
has asked the contractor to submit his copy of licence and client's
portfolio.
b.
The occupier
has conducted site inspection on the contractor's work.
c.
The occupier
has hired the contractor based on his girlfriend's
recommendations.
d.
The occupier
has conducted credential checks on the contractor.
Which one of the
following scenario illustrates a legal omission to
act?
a.
A person came
across a cat trapped in a drain but ignored it.
b.
A doctor did
not treat a patient who consumed poison accidentally as the patient
would die anyway.
c.
A factory
manager did not put up signages to warn workers of slippery
floor.
d.
A mother did
not provide food to her child because her child refused to
eat.
Which one of
the following statements about the law of tort is false?
a.
Tort arises
from breach of duty primarily fixed by law.
b.
Breach of a
tort is repressible by actions for unliquidated
damages.
c.
Remedy for
damages in tort is assessed by the Courts.
d.
Tort is a
civil wrong for which the remedy is liquidated damages.
Which one of
the following is an act of trespass to chattel?
a.
Digging for
treasure below your neighbour's garden.
b.
Pruning your
neighbour's plant.
c.
Colouring your
neighbour's dog with blue dye.
d.
Entering your
neighbour's house to take back your mobile phone which he took in a
fit of anger.
Which one of
the following constitute a trespass to person?
a.
To disallow a
customer to leave the restaurant as the customer refused to
pay.
b.
To punch
someone continously as that person assaulted
you.
c.
To forcefully
pin a person down as he was running off with a handbag he
snatched.
d.
To rescue a
drowning girl from a swimming pool and hence, touching her without
her permission.
Which of the
following torts is/are actionable per se?
(i)
nuisance
(ii)
trespass
(iii)
libel
(iv)
negligence
a.
(ii)
only.
b.
(ii) &
(iii) only.
background-c