Tort Law Quiz

What is a tort?

• A) A legal policy that protects the rights of the accused.

• B) A wrong which entitles the injured party to claim compensation from the person who committed it.

• C) A government regulation for businesses to follow environmental laws.

• D) A type of contract that binds two parties into a mutual agreement.

Which of the following is NOT a type of tort?

• A) Negligence

• B) Defamation

• C) Breach of statutory duty

• D) Arbitration

What is negligence in the context of civil wrongs?

• A) A criminal act that results in a fine

• B) A civil wrong which entitles the injured party to claim compensation from the defendant who caused the loss

• C) A legal strategy to avoid paying taxes

• D) A method of resolving disputes without going to court

In its simplest form, what does negligence involve?

• A) Suing individuals who have provided excellent care

• B) Suing individuals who have met their duty of care

• C) Suing individuals who have fallen below their duty of care that they owe to another

• D) Suing individuals without any specific reason

What is considered a civil wrong according to the introduction?

• A) A criminal act where a person is arrested

• B) A civil wrong where a person or their property is damaged

• C) A legal right where a person gains property

• D) A social mistake where a person is embarrassed

What must the claimant prove for the defendant to be liable?

• A) Beyond a reasonable doubt

• B) On the balance of probabilities

• C) Absolute certainty

• D) Preponderance of evidence

What is the aim of negligence and damages in civil law?

• A) To punish the defendant with imprisonment

• B) To create new legislation

• C) To put the claimant back in the position they would have been in, before the incident

• D) To redistribute wealth in society

What are the three elements required for a successful claim as known simply in the context provided?

• Duty, Breach, Damage

• Responsibility, Violation, Harm

• Obligation, Infraction, Injury

• Care, Break, Destruction

In the case of Blyth v Birmingham Waterworks Co (1856), how is negligence defined?

• An act that is done with the intention to harm.

• Something which a reasonable man would do, or something which a prudent and reasonable man would not do.

• A failure to act when there is a duty to act.

• A breach of duty that has no consequences.

Who could Donoghue claim against according to the diagram?

• Café

• Stevenson

• Friend

• No one