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Chapter 6 Self-test questions
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Chapter 6 Self-test questions
Law of torts
Quiz Content
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In which of the following torts is the liability 'strict'?
Negligence
correct
incorrect
Pure economic loss
correct
incorrect
Claims under the Occupiers' Liability Acts
correct
incorrect
Claims under the Consumer Protection Act 1987
correct
incorrect
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The tests to establish negligence liability do NOT include:
The defendant owed the claimant a duty of care
correct
incorrect
The defendant was contractually bound not to cause injury or loss to the claimant
correct
incorrect
The defendant breached the duty of care
correct
incorrect
The claimant suffered damage as a consequence of the breach
correct
incorrect
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In the case Donoghue v Stevenson [1932], Lord Atkin famously established which point of law in relation to the 'neighbour' test?
That a contract is required before the claimant may initiate a negligence action
correct
incorrect
It must be fair, just and reasonable for a duty to be imposed on the defendant
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incorrect
The principle of proximity of relationship in existence between the claimant and the defendant.
correct
incorrect
The 'but for' test in establishing consequential damage
correct
incorrect
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The defences to a negligence action do NOT include which of the following?
Consent
correct
incorrect
Personal relationship between the parties
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incorrect
Contributory negligence
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incorrect
Necessity
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incorrect
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The appropriate tort for addressing the unlawful interference with another's land is?
Nuisance
correct
incorrect
Negligence
correct
incorrect
Negligent misstatements
correct
incorrect
Pure economic loss
correct
incorrect
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The defences to a nuisance claim do NOT include:
Statutory authority
correct
incorrect
Consent
correct
incorrect
Prescription
correct
incorrect
Necessity
correct
incorrect
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Following the case of Commissioners of Customs and Excise v Barclays Bank Plc [2006], which of the following tests is NOT a necessary feature in establishing liability for pure economic loss?
The tests established in Caparo v Dickman are satisfied
correct
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Causation can be established
correct
incorrect
A breach of duty can be established
correct
incorrect
The person has a responsibility, or has assumed a responsibility for his/her statement, but it is irrelevant whether the claimant relied on this assumption of responsibility
correct
incorrect
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Which of the following will result in the employer NOT being held vicariously liable for a tort committed by an employer?
An act authorized by the employer but conducted in an unauthorized way
correct
incorrect
An act where the employee has deviated significantly from the task set by the employer
correct
incorrect
An act incidental to employment
correct
incorrect
A criminal act committed by the employee where there is a closeness of connection between the wrong committed by the employee and the nature of his/her employment (in determining whether it is just and reasonable to hold the employer liable)
correct
incorrect
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Which of the following is CORRECT in relation to the Consumer Protection Act 1987:
It adds to existing common law rights
correct
incorrect
It replaces existing common law rights
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incorrect
Claims must be brought through the Act rather than through negligence
correct
incorrect
The Act is not subject to any defences
correct
incorrect
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Which of the following is NOT a requirement under the Occupiers' Liability Act 1984 where, in s 1(3), a duty to take reasonable care in respect of non-visitors is imposed on the occupier?
They are aware of the danger, or ought reasonably be aware that a danger exists
correct
incorrect
They must be aware, or have reasonable grounds to believe, that the non-visitor is in the vicinity of the danger and may enter the premises
correct
incorrect
Where they have an appropriate level of liability insurance to satisfy any claims
correct
incorrect
The danger must be of a type that it is reasonable to expect the occupier to protect against
correct
incorrect
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