Tort Acc

Tort Acc

University

10 Qs

quiz-placeholder

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Topic 3: Law of Tort

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Tort Acc

Tort Acc

Assessment

Quiz

Other

University

Medium

Created by

Nurul Atikah Rosli

Used 2+ times

FREE Resource

10 questions

Show all answers

1.

MULTIPLE CHOICE QUESTION

45 sec • 2 pts

Who is a tortfeasor?

A person who commits tort

A person who defends an action in tort

A person who commences a legal action for tort

A person who defends an action in contract

2.

MULTIPLE CHOICE QUESTION

45 sec • 2 pts

In the context of defences to tort, which statement defines the rule in 'volenti non fit injuria' correctly?

Voluntary assumption of risk not required

Based on contributory negligence by the Plaintiff

A partial defence only for the Defendant

A complete or absolute defence for Defendant

3.

MULTIPLE CHOICE QUESTION

45 sec • 2 pts

The ‘but for’ test basically means :

no breach of duty of care on the part of the defendant

break of chain of causation which results with no liability on the defendant

multiple causes of causation resulted in the plaintiff’s injury

if it is not for the defendant’s negligence, plaintiff would not have suffered the injury

4.

MULTIPLE CHOICE QUESTION

45 sec • 2 pts

In the tort of negligence, what is the requirement regarding the remoteness of damages?

Reasonable man

The damage that a reasonable man could have foreseen

The damage that is remotely foreseeable by a reasonable man

The damage must be reasonably foreseeable and not too remote

5.

MULTIPLE CHOICE QUESTION

45 sec • 2 pts

Which of the following is NOT a required element in establishing a negligence action?

Breach of duty

Malicious intent on the part of the defendant

Duty of care

Causation of damage  

6.

MULTIPLE CHOICE QUESTION

45 sec • 2 pts

The proximate cause requirement for a negligence tort is most likely not met where:

A customer in a building supply store carelessly drops a small can of paint that breaks open and is ignited from a spark caused when the metal can hits the concrete floor.

A customer becomes ill from food that is carelessly packed at a processing plant.

The victim of an accident was aware, prior to the actual accident, that the accident was likely to occur.

A driver injures a pedestrian when rounding a curve at twice the legal speed limit.

7.

MULTIPLE CHOICE QUESTION

45 sec • 1 pt

Which of the following is NOT TRUE about duty of care of accountants and auditors?

The liability in tort depends on their intention

The liability requires special relationship

The duty is only for formal financial advice or information

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