Chapter 12 Multiple choice questions

. Which one of the following statements about the Consumer Protection Act 1987 is false?

The Act came into force on 1 March 1988 and applies to damage caused by defective goods circulated after that date.

The Act imposes liability on businesses and private individuals.

The Act places strict liability for defective products on a number of possible defendants.

Liability under the Act is not imposed on private persons who are not acting in the course of a business.

. The Consumer Protection Act 1987 places strict liability for defective products on a number of defendants. What does strict liability mean in this context?

Liability is imposed on a defendant without the claimant having to prove any intention or negligence on the part of the defendant.

Liability is imposed on a defendant without the claimant having to prove any intention provided the claimant can show there was negligence.

A defendant will only be liable if he is at fault.

The burden of proof is reversed and it is up to the defendant to prove he was not at fault.

. The potential defendants under the Consumer Protection Act 1987 are:

Producer, own brander, importer, and supplier.

Producer, importer, and supplier.

Own brander, importer, and supplier.

Producer, own brander, importer.

. Which of the following products are not covered under the Consumer Protection Act 1987?

Aircraft.

Electricity.

Buildings.

Unprocessed agricultural produce.

. Which one of the following property losses is recoverable under the Consumer Protection Act 1987?

Damage to the defective product only.

Damage to the defective product and all other property over £275.

Damage to private property over £275 (but not damage to the product itself or to business property).

Damage to private and business property over £275 (but not damage to the product itself).

. Liability of occupiers to visitors is governed by which Act?

Occupiers' Liability Act 1957.

Liability to Visitors Act 1967.

Occupiers' Liability to Visitors Act 1967.

Occupiers' Liability Act 1984.

. The standard of care an occupier owes towards a visitor is:

To ensure that the visitor will be totally safe at all times whist on the premises.

To take such care as is reasonable in the circumstances, to see that the visitor does not suffer injury on the premises because of the state of danger of the premises.

To take such care, as is reasonable in the circumstances, to see that the visitor will be reasonably safe in using the premises for the purposes for which he was invited or permitted to be there.

To take reasonable care, to see that the visitor does not suffer injury on the premises.

. Under the Occupier's Liability Act 1984 an occupier's liability for trespassers extends to:

Liability for death only.

Liability for death and personal injury.

Liability for death and personal injury and damage to personal possessions.

An occupier has no liability for any loss or injury (or death) caused to trespassers.

. Which of the following is the Rule in Rylands v Fletcher?

A person who collects and keeps water on his land is not liable for the damage it may cause if it escapes.

A person who collects and keeps or brings something non natural onto his land, and negligently allows it to escapes, is liable for all the damage it causes.

A person who collects and keeps or brings something non natural onto his land, which is likely to do mischief if it escapes, is liable for all the damage which is the natural consequence of its escape.

A person who collects and keeps or brings something non natural onto his land is liable for all the damage which is the natural consequence of its escape.

. Which of the following statements is correct?

A defendant will not have to pay a claimant any damages if claimant is found to have been contributory negligent.

Vicarious liability means the defendant is not liable for any torts he commits.

To successfully plead the defence of contributory negligence, the claimant's negligence must have contributed to the actual accident.

To successfully plead the defence of contributory negligence, it is sufficient to show that the claimant's negligence contributed to the damage caused as a consequence of the accident

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