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Chapter 3 Multiple choice questions
Return to Tort Law Concentrate 6e Student Resources
Chapter 3 Multiple choice questions
Quiz Content
*
not completed
.
Which of the following is
not
a reason for the general lack of liability for omissions in English law?
Uncertainty about what constitutes an omission
correct
incorrect
Indeterminacy. For example, 'why pick on me?'
correct
incorrect
Economic inefficiency
correct
incorrect
The heavy burden it would place on the general public
correct
incorrect
*
not completed
.
Identify which of the cases below illustrates an omission for which there was held to be no liability.
Stansbie v Troman
correct
incorrect
Home Office v Dorset Yacht
correct
incorrect
Stovin v Wise
correct
incorrect
*
not completed
.
Which of the following is
not
an exceptional situation in which there may be held to be liability for an omission?
An existing relationship with the wrongdoer involving control
correct
incorrect
A relationship indicating an assumption of responsibility
correct
incorrect
The failure to remove a danger created by nature
correct
incorrect
An obstacle on the highway of which the defendant was aware
correct
incorrect
*
not completed
.
Which of the following is one of the reasons for the tendency away from liability in negligence for public bodies?
The Crown is always immune from liability
correct
incorrect
Public bodies may be operating under statutory restrictions
correct
incorrect
Public bodies have the ability to raise money from taxes
correct
incorrect
Negligence is by definition
ultra vires
correct
incorrect
*
not completed
.
What is meant by the word 'justiciable'?
An operational decision
correct
incorrect
Statute can not apply
correct
incorrect
Subject to strict rule of precedent
correct
incorrect
Open to judicial decision-making
correct
incorrect
*
not completed
.
In which of the following situations below do the police have a duty of care in negligence?
Prosecution of crime
correct
incorrect
Prevention of crime
correct
incorrect
Driving on an emergency call-out
correct
incorrect
Investigation of crime
correct
incorrect
*
not completed
.
In which of the following cases were the police held to owe a duty of care?
Swinney v Chief Constable of Northumbria
correct
incorrect
Hill v CC of W Yorkshire
correct
incorrect
Brooks
v Commissioner of Police for the Metropolis
correct
incorrect
Osman v Ferguson
correct
incorrect
*
not completed
.
Which of the following is
not
the basis of liability under the Congenital Disabilities (Civil Liability) Act 1976?
Damage caused during pregnancy
correct
incorrect
Damage caused prior to conception
correct
incorrect
Damage caused by the mother
correct
incorrect
Damage caused during birth
correct
incorrect
*
not completed
.
In which of the following scenarios is a duty of care
least likely
to be found?
A dentist gives the wrong anaesthetic to a patient
correct
incorrect
A police officer fails to fingerprint a dangerous criminal
correct
incorrect
A local authority places the wrong traffic sign at an intersection
correct
incorrect
A barrister carelessly conducts his client's court case
correct
incorrect
*
not completed
.
Mitchell v Glasgow CC
is an important negligence case. Which of the following statements is accurate in respect of the decision?
The housing department assumed responsibility to its tenant
correct
incorrect
The housing department did not assume responsibility to its tenant
correct
incorrect
There is always a duty to warn of potential violence
correct
incorrect
Local authority housing departments can never be liable in negligence
correct
incorrect
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