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Law of tort II

Total questions: 25

Worksheet time: 13mins

Name
Class
Date
1.

Which of the following describe tort?

a)

an injury or a civil wrong

b)

protects particular interests

c)

provides compensation

d)

all of the above

e)

none of the above

2.

Which of the following is the key aim and/or function of Tort Law?

a)

Deterrence

b)

Compensation

c)

Punishment

d)

Retribution

3.

A person who commits a tort is defined as

a)

Tort

b)

Tortfeasor

c)

Crime

d)

None of the above

4.

A private wrong committed by one person against another is defined as

a)

Tort

b)

Tortfeasor

c)

Intentional Tort

d)

Unintentional Tort

5.

The following circumstances describe negligence except:

a)

Amir, a hotel guess refuse to save a drowning girl who cried for help.

b)

Hamzah was driving over the speed limit and hit a pedestrian.

c)

Alia, a doctor prescribed a wrong medicine to Hana.

d)

Kuma selling Nasi Lemak that contained decomposed snail.

6.

The negligence element of causation includes the "but for" test:

a)

true

b)

false

7.

The standard of care used in negligence is based on what a reasonably competent and prudent person, in the same position and having the same knowledge, would do in that person’s position.

a)

true

b)

false

8.

The three stage test which establishes a duty of care in novel cases stems from which case?

a)

Donoghue v Stevenson

b)

Junior Books v Veitchi

c)

Anns v Murton Council

d)

Caparo v Dickman

9.

Which of the following circumstances may NOT break the chain of causation?

a)

An intervening act of nature

b)

An intervening third party act

c)

An intervening act of an animal

d)

An intervening act of the claimant

10.

What is the test for remoteness of damage?

a)

Whether a reasonable person would have foreseen the type of harm that occurred

b)

Whether the reasonable man would have foreseen the extend of harm that might occurred

c)

But for the claimant’s actions, would the harm have still occurred?

d)

Whether harm was reasonably foreseeable to that specific claimant

11.

Which aspect of causation arose in the case of Smith v Leech Brain [1962]?

a)

The multiple test

b)

The test for causation

c)

The thin skull rule

d)

Material increase of risk in asbestos cases

12.

_____________ occurs when a defendant fails to use reasonable care.

a)

Duty of Care

b)

Breach of Duty

c)

Proximate Cause

d)

Actual Harm

13.

To determine if the defendant's conduct was the proximate cause of the plaintiff's injury, the court applies the:

a)

proximate cause test

b)

actual cause test

c)

forensic test

d)

foreseeability test

14.

In a product liability case, both the seller and the ______ of the item are liable for injuries caused by the product.

a)

buyer

b)

manufacturer

c)

distributor

d)

all of the above

15.

The remedies available in tort law usually include:

a)

a public apology by the tortfeasor printed in the local newspaper

b)

prison time for the tortfeasor

c)

financial compensation to the victim for injuries caused by the tortfeasor

d)

financial compensation for the victim and prison time for the tortfeasor

16.
Damages awarded to victim of a tort, which aim to put victim back in the position as if the tort never occurred.
a)
compensatory
b)
punative
17.
When does a tort occur?
a)
when a person is injured
b)
when property is damaged
c)
when a person's reputation is harmed
d)
all of these
18.
What is the type of tort in which a person accidentally harms another?
a)
strict liability
b)
intentional wrong
c)
negligence
d)
none of these
19.
Which of the following is NOT an element needed to prove negligence?
a)
duty
b)
damages
c)
intent
d)
causation
20.
When a bartender allows an intoxicated customer to drive home, which of the following has occurred?
a)
nothing - bartender has no duty to customers
b)
infliction of emotional distress
c)
a breach of duty
d)
all of these
21.
What is an advantage of the tort law system?
a)
people are held accountable for their actions
b)
companies are held accountable for the safety of their products
c)
people must take reasonable care of others' property
d)
all of these
22.
What are damages?
a)
the harm done to a defendant
b)
the amount of money to compensate the court
c)
the amount of money awarded to plaintiff
d)
none of these
23.
If you drive a car, you are expected to follow the rules of the road and not injure others?  This represents a
a)
proximate cause
b)
duty of care
c)
negligent obligation
d)
none of the above
24.

A defense against negligence whenever the defendant can show that the victim did something that helped cause his or her own injuries

a)

Comparative negligence

b)

Contributory negligence

c)

strict liability

d)

Assumption of risk

25.

Your lecturer's name is

a)

Nur Hafizah binti Latif

b)

Hafizah binti Abdul Latiff

c)

Nor Hafizah binti Abd Latiff

d)

Hafizah Binti Abd Latiff