Law Test Ch 3 New

16 Questions BPP Tutor Toolkit Test Ch 3 1.1 Which of the following statements concerning tort is correct?  Breach of contract is a tort  Torts are crimes  A tort is a civil wrong and the victim sues for compensation or an injunction (1 mark) 1.2 Which of the following describes the tort of 'passing-off'?  The use of a business name or trademark that misleads the consumer to believe that one business is that of another  Misleading a consumer to take actions that are to their detriment  A consumer deliberately wearing a product that purports to be made by one brand but which is actually a fake (1 mark) 1.3 In which of the following circumstances will a defendant be liable to pay compensation under the tort of negligence?  They breached a duty of care to the claimant  They breached a duty of care to the claimant and as a consequence the claimant suffered loss, injury or damage  Their actions caused the claimant to suffer some loss, injury or damage (1 mark) 1.4 In the tort of negligence, what is the legal effect of res ipsa loquitur ?  The claimant must prove that the defendant was negligent  The defendant must prove that they were not negligent  The claimant must prove that they acted reasonably (1 mark) 1.5 In which of the following circumstances would an employer be vicariously liable for the acts of an employee?  Where the loss or damage was caused by the employee when performing the duties they were employed to do  Where the loss or damage was caused by the employee, but they were not on company business at the time of the incident  Where the employee has a valid defence to liability and the injured party has no other course of action available to them (1 mark) 1.6 In the tort of negligence, what is the effect of volenti non fit injuria ?  The defendant is liable for the claimant's injury unless proved otherwise  The claimant accepted the risk of injury and the defendant is not liable for the claimant's losses  Neither the claimant nor the defendant is responsible for the claimant's injury (1 mark) 1.7 Which of the following statements describes whom a company's auditor owes a duty of care to?  The public at large who read the company accounts  The company's shareholders who read the company accounts and increase their stake in the business  The company only (1 mark)

Questions 17 BPP Tutor Toolkit 1.8 Which of the following statements regarding tort is correct?  The only remedy for a victim of a tort is damages  No contractual relationship need exist between claimant and defendant for the defendant to be liable to the claimant in tort  Actions in tort are heard in the criminal court system  In tort, the burden of proof is always on the defendant to prove that they were not negligent (2 marks) 1.9 To establish a case of 'passing-off', what must the claimant prove?  The consumer purchased fake goods  The defendant is using a similar business model to the claimant  The name of the defendant's business is similar enough to the claimant's to mislead the consumer  There is some similarity between the name of the defendant's business and that of the claimant (2 marks) 1.10 Which TWO of the following are questions that are asked to establish whether the defendant owed the claimant a duty of care? Was the harm obvious to a reasonable person? Was there a relationship of proximity between the parties? Did the claimant accept the risk of injury? Is it fair, just and reasonable to impose a duty of care on the defendant? (2 marks) 1.11 When considering whether a defendant has breached their duty of care, a number of factors are considered. Which of the following statements concerning breach of duty of care is correct?  Where there is a high probability of injury, the claimant should have taken extra care  A social benefit to a defendant's actions is no excuse for breaching the level of care expected  Defendants are not expected to ensure that all possible precautions against risk are taken if the cost of the precautions outweigh the risk  A professional is expected to demonstrate the same level of care and skill as a reasonable person performing the same task (2 marks) 1.12 Which of the following circumstances will prevent causality being established in a claim of negligence?  An act of the claimant that is reasonable and within the normal course of things  Acts of a third party that occur after the claimant's injury  Foreseeable natural events  Multiple possible reasons for the injury with no one act being established as the cause (2 marks) 1.13 In regards to professional negligence, which of the following statements are true or false? True False Pure financial losses caused by negligent misstatements are not recoverable   Auditors do not owe a duty of care to members of the public who rely on published accounts for investment decisions   (2 marks)