LEB QUIZ

Which of the following statements is incorrect?

• A tort is the breach of a non-contractual legal duty owed by one person to another.

• Tort law provides a remedy for people for harm that they have suffered.

• Tort law is used when there is a direct contractual link between the claimant and the person who caused the loss/injury /harm/damage.

• Tort law requires taking reasonable care not to negligently or intentionally cause harm.

To succeed in an action for negligence it is necessary for a claimant to prove:

• The defendant owed the claimant a duty of care

• The defendant breached that duty of care

• A reasonably foreseeable damage was caused by the breach of duty

• All of the above

The duty of care is breached if:

• The defendant has failed to take reasonable care (i.e. has been careless)

• There is causation (a causal link between the failure to take reasonable care and the injury suffered)

• Both of the above are necessary for a breach in the duty of care

• A High Court judge so orders

Which of the following are the most common defences to a claim of negligence?

• Illegality, consent, contributory negligence, necessity

• Illegality, consent, contributory negligence, duty of care

• Illegality, contributory negligence, duty of care, necessity

• All of the above

Regarding the Consumer Protection Act 1987, which of the following is incorrect?

• It places strict liability (proof of fault not required) on any defendants.

• The claimant must show beyond reasonable doubt that the defective product wholly or partly caused the damage suffered.

• A claim must be for an amount greater than £275 – which does not include the damage to the product itself. 

•   Any action against the defendant must be taken within three years of the defect.

An employer is vicariously liable for:

• An employee acting negligently in a duty which they were authorised to do with care

• An employee acting in a wrongful way that was not authorised by the employer

• All torts committed by employees in their main place of work

• All of the above

Where a supplier supplies services in the course of a business, which of the following are implied into the contract?

• The supplier will carry out the service with reasonable care and skill.

• If no time is fixed, the work will be carried out within a reasonable time.

• If no price is fixed, the price charged will be reasonable.

• All of the above

What are the rights of consumers, when buying at a distance or off-premises, to change their minds and cancel orders (the cooling-off periods)?

• The consumer has a 7-day cooling-off period during which he can change his mind and cancel the contract with the trader

• The consumer has a 14-day cooling-off period during which he can change his mind and cancel the contract with the trader

• The consumer has a 28-day cooling-off period during which he can change his mind and cancel the contract with the trader

• The Courts will decide the reasonable cooling-off period based on the individual merits of each case

Which of the following types of contracts are not excluded from cancellation rights?

• customised goods that are built-to-order

• goods which by nature will perish or damage rapidly

• contracts of service where the service has not yet been performed

•      sealed software or sealed audio-visual products which have been unsealed

Which of the following statements is correct?

• The contra proferentem rule states that where there is doubt about the meaning of the contract, the words will be construed against the person who put them forward.

• The contra proferentem rule states that where there is doubt about the meaning of the contract, the words will be construed for the person who put them forward.

• The contra proferentem rule states that where there is doubt about the meaning of the contract, the court will interpret the meaning of the words that are in dispute.

• The contra proferentem rule states that where there is doubt about the meaning of the contract, the parties are able to terminate the contract and walk away without loss.