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schmaltz

21 Nov 08, 01:27

I need some help in this law of tort issue here-

Which one of the following statements about tort and crime is false?

	a.	The primary lawmaker in tort is legislature whereas that for crime is the courts.
	b.	The immediate purpose of tort is to compensate victim whereas that of crime is to punish the criminal.
	c.	The form of law for tort is mainly case law whereas that for crime is mainly statute.
	d.	The initiating party in an action for tort is the plaintiff whereas that for crime is the state.

Which one of the following is not required in an action for negligence?

	a.	Plaintiff needs to show that the defendant owes him a legal duty of care.
	b.	Plaintiff needs to show that the breach of a legal duty of care caused him loss.
	c.	Plaintiff needs to show that the defendant has breached a legal duty of care owed to him.
	d.	Plaintiff needs to prove at all times how a breach of a legal duty of care caused him damages. Which of the following torts is/are actionable per se?

(i) nuisance

(ii) trespass

(iii) libel

(iv) negligence

John invited his friends to a party at his house and his friends created a commotion way past midnight. Who is responsible for this nuisance?

What are the components of a reasonable warning notice?

(i) It should be unambiguous.

(ii) It should highlight the nature of the risk.

(iii) It should propose a solution.

Which of the following describe(s) a private nuisance?

(i) The wrongful act must be more than ordinary everyday inconvenience.

(ii) The wrongful act need not be recurring if physical damage occurs.

(iii) The wrongful act must be assessed with reference to the surroundings at all times.

Which one of the following does not explain why the case of Donoghue v Stevenson (1932) was a landmark case?

	a.	It was the first case whereby the courts has held a party liable for damages in the absence of a contractual relationship.
	b.	It was the first case whereby a person had successfully sued another despite a lack of reasonable foreseeability and proximity.
	c.	It was this case which saw the birth of the legal concept of tort of negligence.
	d.	It was the first case whereby a person had successfully sued another despite the lack of a contractual relationship.

Which one of the following is an example of exclusion of liability?

	a.	Plaintiff did not put on the safety harness while taking a roller-coaster ride.
	b.	Plaintiff was asked to sign an indemnity form.
	c.	Plaintiff did not wear safety helmet while he was on the worksite.
	d.	Plaintiff went on a joy ride in a car with a drunk driver.

What does Section 2 of the Unfair Contract Terms Act 1977 says?

	a.	That an occupier must ensure his lawful visitors are reasonably safe for the purpose of their visit.
	b.	That a person is liable if his negligent act causes death or personal injury.
	c.	That the purpose to be served, if sufficiently important, justifies the assumption of abnormal risk.
	d.	That a person is not liable if it is too costly and impractical to take precautions.

Which one of the following is not likely to get an occupier discharge from liability for faulty work executed by an independent contractor?

	a.	The occupier has asked the contractor to submit his copy of licence and client's portfolio.
	b.	The occupier has conducted site inspection on the contractor's work.
	c.	The occupier has hired the contractor based on his girlfriend's recommendations.
	d.	The occupier has conducted credential checks on the contractor.

Which one of the following scenario illustrates a legal omission to act?

	a.	A person came across a cat trapped in a drain but ignored it.
	b.	A doctor did not treat a patient who consumed poison accidentally as the patient would die anyway.
	c.	A factory manager did not put up signages to warn workers of slippery floor.
	d.	A mother did not provide food to her child because her child refused to eat.

Which one of the following statements about the law of tort is false?

	a.	Tort arises from breach of duty primarily fixed by law.
	b.	Breach of a tort is repressible by actions for unliquidated damages.
	c.	Remedy for damages in tort is assessed by the Courts.
	d.	Tort is a civil wrong for which the remedy is liquidated damages.

Which one of the following is an act of trespass to chattel?

	a.	Digging for treasure below your neighbour's garden.
	b.	Pruning your neighbour's plant.
	c.	Colouring your neighbour's dog with blue dye.
	d.	Entering your neighbour's house to take back your mobile phone which he took in a fit of anger.

Which one of the following constitute a trespass to person?

	a.	To disallow a customer to leave the restaurant as the customer refused to pay.
	b.	To punch someone continously as that person assaulted you.
	c.	To forcefully pin a person down as he was running off with a handbag he snatched.
	d.	To rescue a drowning girl from a swimming pool and hence, touching her without her permission.

Which of the following torts is/are actionable per se?

chiobabelover
21 Nov 08, 02:38

how much are you paying the lawyer for doing your homework?
MyNameisNas
21 Nov 08, 20:06

I think TS should go NPP first and ask. Than repost the unanswered question...
caleb_chiang
21 Nov 08, 20:27

Originally posted by chiobabelover:

how much are you paying the lawyer for doing your homework?

I think he cannot afford...
Craappiboy
22 Nov 08, 00:02

What does Section 2 of the Unfair Contract Terms Act 1977 says?

a.

That an occupier must ensure his lawful visitors are reasonably safe for the purpose of their visit.

b.

That a person is liable if his negligent act causes death or personal injury.

c.

That the purpose to be served, if sufficiently important, justifies the assumption of abnormal risk.

d.

That a person is not liable if it is too costly and impractical to take precautions.

OMG LAWYERS MUST MEMORISE ALL THE SECTIONS?!
ChoCoChips
22 Nov 08, 00:04

like all lawyers,

i charge è°ˆè¯�è´¹ one