Chapter 17 Multiple Choice Questions

. Which one of the following statements is NOT true?

The defence of illegality can apply to all torts.

The defence of volenti can apply to all torts.

The defence of contributory negligence applies to all torts.

The defence of self defence only applies to torts involving trespass to the person.

. Which one of the following is NOT required to establish the defence of volenti?

The claimant must have voluntarily assumed the risk of injury.

The claimant must have voluntarily assumed the risk of having no legal redress.

The claimant must have been aware of the risk.

The claimant must have agreed to waive the right to claim for any injury that might befall him.

. With regard to the defence of statutory authority, which one of the following statements is NOT true?

The granting of planning permission amounts to statutory authority.

The courts will seek to determine whether the authority is total, or whether it only operates in the absence of negligence.

The existence of a statutory authority does not provide an automatic blanket immunity to the defendant.

When determining if statutory authority is available, the courts will take into account whether or not the tort could have been avoided.

. What is ex turpi causa non oritur actio?

The rejection of the claimant's action on the ground that his did not commence proceedings in a timely manner.

The rejection of the claimant's action on the ground that he voluntarily assumed the risk of loss.

The reduction of the claimant's damages on the ground that he contributed to the loss that he suffered.

The rejection of the claimant's action on the ground that he was engaged in an illegal act when he sustained the loss.

. Regarding the defence of contributory negligence, which one of the following statements is NOT true?

The Law Reform (Contributory Negligence) Act 1945 only applies if the both the claimant and defendant are at fault.

At common law, contributory negligence provides a complete defence, thereby fully exonerating the defendant.

To establish contributory negligence under statute, the defendant does not need to establish that he was owed a duty of care by the claimant.

Under statute, contributory negligence provides a partial defence only serving to reduce the damages payable by the defendant.

Under statute, contributory negligence can be pleaded in relation to all torts, except wrongful interference with goods.

It would appear that, under the Law Reform (Contributory Negligence) Act 1945, the courts cannot order a 100% reduction in damages.

. Regarding the defence of contributory negligence, the standard of care is normally determined objectively, but in certain situations, the courts allow subjective considerations into their deliberations. Which one of the following is not such a situation?

Where the claimant was placed in a dilemma.

Where the claimant is a child.

Where the claimant is an employee.

Where the claimant was intoxicated.

. In order to establish the defence of contributory negligence, the defendant must show that the claimant's conduct contributed to the incident that caused the damage he suffered. True or False?

True

False

. In October 2014, Rebecca sustains injuries as a result of Lee's negligence. In March 2016, she dies of her injuries. Her legal representatives hear of her death in April 2016. When will the limitation period expire regarding any claims in tort that may be made?

October 2012

October 2015

April 2014

March 2017

. Damages in tort aim to put the claimant in the position he would have been in had the tort not been committed. True or False?

True

False

. What are aggravated damages?

Damages designed to compensate the claimant for injured feelings or hurt pride, usually as a result of the defendant's spiteful, malicious or oppressive conduct.

Damages awarded where the claimant's legal rights have been infringed, but he has not suffered any actual loss.

Damages assessed to compensate the claimant for the actual loss he has sustained.

Damages awarded where the claimant's legal rights have been infringed, but where the action is frivolous or where the claimant has acted in a manner that is lacking in merit.

Damages designed to punish the defendant for his unacceptable, outrageous or reprehensible conduct.

Quiz Content