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DTE 2032 TEST 1

Total questions: 24

Worksheet time: 24mins

Name
Class
Date
1.

The following are the elements for negligence to exist EXCEPT

a)

Legal duty established

b)

Breach of trust

c)

Breach of that duty

d)

There must be no intervening event

2.

Proximate cause can be explain as

a)

The practicability of precautions

b)

The importance of the object to be attained

c)

The magnitude of risk

d)

The direct and immediate cause that has no intervening event in between.

3.

_____________ is one of scope precautions a hotel’s owner must look for to prevent negligence

a)

Customer’s flight ticket

b)

Cleanliness of hotel

c)

Customer’s medical history

d)

Customer’s family background

4.

What is the rationale to have contributory negligence as one of negligence scope?

a)

To avoid defendant as solely wrongdoer if the negligence caused also by plaintiff

b)

To avoid unsatisfied feeling among parties involved

c)

To prevent any losses to the company

d)

As a method that valid by law if something happen in the future

5.

Under the occupier’s liability scope, person that have ________ cannot be describe as invitee

a)

Express invitation

b)

Authority of law

c)

Implied permission

d)

Immunity of law

6.

Choose the wrong groups that covered under the Employment Act 1955

a)

Earn less than RM3000 a month

b)

Engaged in ‘manual labour’ more than half of his total working hours

c)

Operates/maintains any vehicle for the transport of passengers or goods

d)

Supervises other employees engaged in manual labour

7.

Contract for service can be illustrate as

a)

A misuse contract

b)

An open option contract

c)

An employee-employer contract

d)

A contractor-client contract

8.

An example of implied term in the contract is

a)

Job designation

b)

allowances

c)

benefits

d)

with due care

9.

An employer and an employee need to pass the ____ weeks’ notice if either two want to terminate the 6 years’ services

a)

2

b)

4

c)

6

d)

8

10.

The minimum wages for Malaysia as decided by the government are

a)

RM800 for peninsular/ RM800 for Sabah & Sarawak

b)

RM900 for peninsular/ RM900 for Sabah & Sarawak

c)

RM800 for peninsular/ RM900 for Sabah & Sarawak

d)

RM1200 for peninsular/ RM1100 for Sabah & Sarawak

11.

Which of these is NOT an element required to establish negligence?

a)

Duty of Care

b)

Breach of Duty

c)

Doctrine of responsibility

d)

Causation of damage

12.

The leading case on duty of care is...

a)

Donoghue v Stevenson

b)

Bourhill v Young

c)

Caparo v Dickman

d)

Mulcahy v MoD

13.

Proximity means

a)

Closeness in time, space or relationship

b)

Balance between claimant and defendant

14.

According to the Wagon Mound, for legal causation to be established the damage must be

a)

foreseeably reasonable

b)

reasonable

c)

reasonably foreseeable

d)

foreseeable

15.

Name the two purposes of negligence law.

a)

To transfer the loss of a party to the person who caused the loss

b)

Deter members of society from engaging in unsafe behaviour by imposing heavy penalties

c)

Compensate an injured party

d)

Make the plaintiff prove the defendants actions were negligent

16.

The neighbour principle was developed to determine..

a)

Duty of care

b)

Breach

c)

Damage

17.

The objective of the award of damages is to..

a)

Punish the unsuccessful party

b)

To spread the loss among the community

c)

To restore the successful party to its original position

18.
Which of the following is NOT an element needed to prove negligence?
a)
duty
b)
damages
c)
intent
d)
causation
19.

The Donoghue v Stevenson case is relevant to which element of negligence?

a)

Duty of Care

b)

Breach of duty of care

c)

Damages

20.

Which of the following is NOT an example of a Tort?

a)

Negligence

b)

Nuisance

c)

Trespass

d)

Medical

21.

In which year was the Employment Act enacted?

a)

1967

b)

1955

c)

1957

d)

1969

22.

Employer must make payments of wages not later than _____________ days after the end of that wage period.

a)

3

b)

4

c)

6

d)

7

23.

Which of the following is NOT a true statement in regards to the coverage of the Employment Act?

a)

Covers only those who earned wages of less than RM2000

b)

Those who are engaged to do manual labour

c)

Those who earn wages of more than RM2000

d)

Those who supervise persons engaged in manual labour

24.

Under Section 14 of the Employment Act 1955, what is the process that must be undertaken by the employer in order to dismiss an employee?

a)

Due Date

b)

Domestic Departure

c)

Due Deligence

d)

Domestic Inquiry