Tort Acc

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

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

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

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

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  

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.

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

Nuisance is

• intentional bringing of a material object into contact with another person

• when the use of land/property by one occupier causes damage to a neighbouring occupier or neighbouring land.

• intentional act of putting another in reasonable fear or apprehension of immediate battery.

• act of trespassing to someone's land or placing object on the land

The burden of proof for contributory negligence is upon

• the plaintiff to show that the defendant fulfills all the elements of the negligence

• the plaintiff to show the existence of legal relationship based on trust

• to defendant to show that the plaintiff was at fault too

• to defendant to show that he has exercised the best care

Which of the following is TRUE?

• Auditors of subsidiary company do not owe duty to the holding Company

• Auditors of holding company do owe duty to the subsidiary Company

• Auditors of group company owe duty to each other

• Auditors of subsidiary company do owe duty to the holding Company