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Chapter 6 Multiple choice questions
Return to Tort Law Concentrate 6e Student Resources
Chapter 6 Multiple choice questions
Quiz Content
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not completed
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Breach of duty is .
Dependent on statute law
correct
incorrect
Largely a matter of fact
correct
incorrect
A matter for the jury
correct
incorrect
Largely a matter of principle
correct
incorrect
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not completed
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Which is true of the 'reasonable man'?
He is of low intelligence
correct
incorrect
He is greatly experienced
correct
incorrect
He is casual about safety
correct
incorrect
He is neither excessively cautious or unusually risk-taking
correct
incorrect
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not completed
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What is the best explanation for the decision in
Nettleship v Weston?
There were no dual controls on the car
correct
incorrect
Driving a car on a public road must be treated as a heavy responsibility
correct
incorrect
The driver was insured against the accident
correct
incorrect
The driver had just passed her driving test
correct
incorrect
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not completed
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In which of the following situations is the 'reasonable man' test
not
modified?
An elderly defendant
correct
incorrect
A skilled defendant
correct
incorrect
A very ill defendant
correct
incorrect
A child defendant
correct
incorrect
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Sita is a young registrar in a surgical unit of the local hospital. Which of the following cases would be of most applicable to determine the duty of care expected of her?
Wells v Cooper
correct
incorrect
Roberts v Ramsbottom
correct
incorrect
Wilsher v Essex AHA
correct
incorrect
Roe v Ministry of Health
correct
incorrect
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not completed
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Which statement below best describes the
Bolam
standard of care?
It is subjective and only applies to the medical profession
correct
incorrect
It is objective and applies to all skilled defendants
correct
incorrect
It deprives judges of the decision on breach of duty
correct
incorrect
It is both subjective and objective and applies in relation to professional defendants
correct
incorrect
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Which of the following cases resulted in a finding that the cost of avoiding the risk outweighed the risk and therefore the defendant had not been negligent?
Latimer v AEC
correct
incorrect
The Wagon Mound 2
correct
incorrect
Philips v William Whitely
correct
incorrect
Vowles v
Evans
correct
incorrect
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Which statement most accurately reflects the law regarding duties of care in sporting activities?
Participants in a sporting event are taken to have consented to the risk of injury
correct
incorrect
Participants in sporting events are owed the duty of care which is appropriate to all the circumstances
correct
incorrect
Participants in sporting events are taken to have consented to the risk of injury
correct
incorrect
Spectators are taken to have consented to all the risks run in watching the relevant activity
correct
incorrect
*
not completed
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The effect of the application of
res ipsa loquitur
is:
To put the burden wholly on the defendant to disprove negligence beyond reasonable doubt
correct
incorrect
To ensure that the claimant wins his case
correct
incorrect
To allow both parties to assume certain facts despite lack of proof
correct
incorrect
To make his defence, the defence will now have to put forward a plausible explanation consistent with lack of negligence
correct
incorrect
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not completed
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Which of the following is
not
a requirement for invoking
res ipsa loquitur
?
There must be no explanation for the cause of the accident
correct
incorrect
The cause of the accident must have been under the defendant's control
correct
incorrect
The defendant is not able to disprove breach
correct
incorrect
The accident must be of the kind which does not normally happen in the absence of negligence
correct
incorrect
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