Skip to main content
United States
Jump To
Support
Register or Log In
Support
Register or Log In
Instructors
Browse Products
Getting Started
Students
Browse Products
Getting Started
Diagnostic test
Return to Tort Law Concentrate 6e Student Resources
Diagnostic test
Quiz Content
*
not completed
.
Which of the following interests is
not
protected by the law of tort?
Loss of commercial profit due to competition
correct
incorrect
Reputation
correct
incorrect
Physical safety
correct
incorrect
Peaceful enjoyment of one's land
correct
incorrect
*
not completed
.
What is meant by the term 'actionable
per se
'?
Actionable only in the civil courts
correct
incorrect
A tort of strict liability
correct
incorrect
Actionable without proof of damage
correct
incorrect
Actionable at the instance of the injured party only
correct
incorrect
*
not completed
.
What case laid down the fundamental test for determining duty of care?
Bourhill v Young
correct
incorrect
Donoghue v Stevenson
correct
incorrect
Heaven v Pender
correct
incorrect
Yeun Kun Yeu v Atty-Gen of Hong Kong
correct
incorrect
*
not completed
.
Which of the following is
not
a policy factor which may come into the duty of care question?
The neighbour test
correct
incorrect
The impact on the insurance market
correct
incorrect
The floodgates possibility
correct
incorrect
Social morality
correct
incorrect
*
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 example of pure economic loss?
Purchase of a defective car
correct
incorrect
Loss of expected profit
correct
incorrect
Loss of future earnings due to negligently inflicted physical injury
correct
incorrect
Loss of expectation of a legacy in a will
correct
incorrect
*
not completed
.
Why is the law of negligence reluctant to impose a duty of care for pure economic loss?
Legal remedies should instead be available in the law of contract
correct
incorrect
Financial loss is not as serious as physical injury
correct
incorrect
Insurance is not available for this type of loss
correct
incorrect
There is an inadequate relationship between the claimant and defendant in such cases
correct
incorrect
*
not completed
.
Which of the following statements is
not
one of the policy reasons for the reluctance to find a duty of care for psychiatric damage?
The belief that psychiatric injury was likely to be falsified
correct
incorrect
The opening of the floodgates
correct
incorrect
Psychiatric damage is not as harmful as physical
correct
incorrect
Conditions such as PTSD had not yet been recognised
correct
incorrect
*
not completed
.
Which of the following is potentially actionable in negligence as psychiatric damage?
Severe depression which is medically certified
correct
incorrect
Grief
correct
incorrect
Extreme anger
correct
incorrect
Depression following injury in an accident
correct
incorrect
*
not completed
.
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
*
not completed
.
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
*
not completed
.
Which of the following accurately describes the 'but for' test?
But for the claimant's fault, the damage would not have occurred
correct
incorrect
But for the defendant's negligence, the damage would not have occurred
correct
incorrect
But for the defendant's negligence, the damage would have occurred
correct
incorrect
But for the claimant's fault, the damage would have occurred
correct
incorrect
*
not completed
.
Why was the defendant not liable in
Barnett v Kensington & Chelsea Management Committee
?
It had caused the damage, but it was too remote
correct
incorrect
It had been negligent but the plaintiff had caused his own loss
correct
incorrect
It had been negligent but this had not caused the plaintiff's death
correct
incorrect
It had not been negligent
correct
incorrect
*
not completed
.
Which of the following is
not
a type of intervening act?
An act of the claimant
correct
incorrect
An act of the defendant
correct
incorrect
A natural event
correct
incorrect
An act of the third party
correct
incorrect
*
not completed
.
Which of the following statements describes the thin skull rule?
It pertains to physical or psychological vulnerability of the claimant
correct
incorrect
It pertains to financial vulnerability of the claimant
correct
incorrect
It means that the claimant must take the defendant as he finds him
correct
incorrect
It means that the defendant owes no duty of care to the claimant
correct
incorrect
*
not completed
.
Wilsons and Clyde Coal v English
does
not
impose liability on the employer in respect of which of the following?
An effective system of work
correct
incorrect
A competent workforce
correct
incorrect
Psychological well-being
correct
incorrect
Adequate plant and equipment
correct
incorrect
*
not completed
.
The Employers' Liability (Defective Equipment) Act 1969 reverses the effect of
Coltman v Bibby Tankers.
True or False?
True
correct
incorrect
False
correct
incorrect
*
not completed
.
Which of the following is true of product liability?
It is strict liability only
correct
incorrect
It is common law only
correct
incorrect
It is a combination of statute law and common law
correct
incorrect
It is statute law only
correct
incorrect
*
not completed
.
Intermediate inspection was a factor in the finding of no liability in which of following cases?
Grant v Australian Knitting Mills
correct
incorrect
Evans v Triplex Safety Glass
correct
incorrect
Kubach v Hollands
correct
incorrect
*
not completed
.
Which of the following is not a tort described as 'trespass to the person'?
Battery
correct
incorrect
False imprisonment
correct
incorrect
Public nuisance
correct
incorrect
Assault
correct
incorrect
*
not completed
.
Battery requires proof of injury. True or false?
True
correct
incorrect
False
correct
incorrect
*
not completed
.
Which of the following is
not
an aspect of the definition of the tort of private nuisance?
An indirect interference
correct
incorrect
An unlawful interference
correct
incorrect
A continuous interference
correct
incorrect
A negligent interference
correct
incorrect
*
not completed
.
In order to bring a claim in private nuisance, it is necessary to have a legal interest in land. True or false?
True
correct
incorrect
False
correct
incorrect
*
not completed
.
Occupiers' liability is essentially different from the tort of negligence. True or false?
True
correct
incorrect
False
correct
incorrect
*
not completed
.
Which of the categories below is
not
protected by the Occupiers' Liability Act 1957?
Licensees
correct
incorrect
Trespassers
correct
incorrect
Invitees
correct
incorrect
Contractual entrants
correct
incorrect
*
not completed
.
In which situation is slander actionable without proof of damage?
An assertion that a woman has had an affair
correct
incorrect
An assertion that the claimant is HIV positive
correct
incorrect
An assertion that the claimant is guilty of a serious crime
correct
incorrect
*
not completed
.
Which of the articles of the European Convention on Human Rights is
not
applicable to defamation law?
Article 10
correct
incorrect
Article 8
correct
incorrect
Article 6
correct
incorrect
*
not completed
.
In
Kaye v Robertson
which one cause of action was successful?
Trespass to the person
correct
incorrect
Malicious falsehood
correct
incorrect
Libel
correct
incorrect
Invasion of privacy
correct
incorrect
*
not completed
.
Articles 8 and 10 of the ECHR apply horizontally between individuals and non-governmental bodies. True or false?
True
correct
incorrect
False
correct
incorrect
*
not completed
.
Contributory negligence occurs when the claimant has been a cause of the event causing damage. See Law Reform (Contributory Negligence) Ace 1945 s 1(1).
True
correct
incorrect
False
correct
incorrect
*
not completed
.
Which of the following statements is true of
Froom v Butcher
?
The case failed due to the fact that the claimant did not fasten his seat belt
correct
incorrect
Damages were reduced because the claimant's head injuries would not have happened had he worn his seatbelt
correct
incorrect
Damages were not reduced because the claimant did not cause the accident
correct
incorrect
Damages were not reduced because the claimant's injuries would not have been reduced by wearing a seat belt
correct
incorrect
*
not completed
.
Which of the following is
not
a type of non-compensatory damages?
Nominal damages
correct
incorrect
Exemplary damages
correct
incorrect
Aggravated damages
correct
incorrect
Contemptuous damages
correct
incorrect
*
not completed
.
Punitive damages can be awarded when the claimant has been excessively harmed. True or false.
True
correct
incorrect
False
correct
incorrect
Previous Question
Submit Quiz
Next Question
Reset
Exit Quiz
Review all Questions
Submit Quiz
Are you sure?
You have some unanswered questions. Do you really want to submit?
Back to top
Printed from , all rights reserved. © Oxford University Press, 2024
Select your Country