LAW OF TORT

Which of the following is a tort?

• Theft

• Nuisance

• Breach of fiduciary duty

• Misrepresentation

There are numerous situations in which duty of care under law of torts is said ti exist. The followings are the examples of the said situatuons EXCEPT

• Motorists owe duty of care to nearby pedestrians

• An auditor of a company's accounts owe a duty of care to anyone who may read the auditor's report on those accounts

• Manufacturers of products owe duty of care to ultimate users of those products

Which following concerning tort correct?

• Torts are crimes and victim sues for compensation

• A tort is a civil wrong and the victim sues for compensation or an injuction

• Breach of contract is a tort

Which following NOT element of tort of negligence?

• Defendant owes duty of care to plaintiff

• plaintiff has breached their duty of care to defendant

• plaintiff has suffered loss as a result of defendant's breach of duty

Which following NOT defence to tort of negligence

• contributory negligence

• volenti non fit injuria

• breach of duty

An accountant who answers accusations that their work has failed to meet professional standards demonstrates which concept?

• Accountability

• Reliability

• Social Responsibility

Lishen agreed to take part in extreme sport of skydiving whilst on holiday. Before takung part he signed a waiver stating that he takes full responsibility for any injuries he may suffer. During the activity, Lishen was injured. No other party was involved in the accident. If Lishen attempted to sue the organizer for his injuries as soon as he gets home, what defence would organizer have that would absolve them from liability?

• vicarious liability

• contributory negligence

• volenti non fit injuria

• novus actus intervenes

In relation to tort of negligence, which TWO criteria required to establish existence of duty or care?

1. 1) claimant suffered financial loss

2. 2) harm suffered was reasonably foreseeable

3. 3) relationship proximity existed between parties

4. 4) claimant did not consent to cause injury suffered

• 1 and 2

• 1,3

• 2,3

• 2,4

Which following statements correct?

• the only remedy for victim of tort is damages

• no contractual relationship needs to exist between claimant and defendant for defendant to be liable to claimant in tort

• actions in tort are heard in criminal court system

• in tort, burden of proof always on defendant to prove that they were not negligent

person who commit tort is called

• tortfeasor

• tortteasor

• tortirous person

• defendant