篩選結果 共找出680題

When the court applies the maxim res ipsa loquitur, it is held that the facts speak for themselves and the?defendant does not have to prove anything, since the burden of proof is on the claimant.??

A

True?

B

False

Under which circumstance will a court reduce the award of damages to a claimant??

A

The claimant intervened in the chain of causality?

B

?A natural event occurred which caused additional damage?

C

?The claimant contributed to the loss they suffered?

D

The defendant acknowledged they were to blame?

'A public company's auditors owe no general duty of care to the public at large who rely on the audit?report in deciding to invest.'???

This is the decision from Caparo.?

A

True?

B

False?

In the context of the tort of negligence, what is the legal effect of res ipsa loquitur?

A

The claimant must prove that they acted reasonably

B

The claimant must prove that the defendant was negligent

C

The defendant must prove that they were not negligent

To establish a case of 'passing-off', what must the claimant prove?

A

There is some similarity between the name of the defendant's business and that of the claimant

B

The defendant is using a similar business model to the claimant

C

The consumer purchased fake goods

D

The name of the defendant’s business is similar enough to the claimant's to mislead the consumer

Which of the following statements concerning tort is correct??

A

Breach of contract is a tort?

B

?Torts are crimes?

C

?A tort is a civil wrong and the victim sues for compensation or an injunction?

?Which of the following describes the tort of 'passing-off'??

A

?The use of a business name or trademark that misleads the consumer to believe that one business is?that of another?

B

Misleading a consumer to take actions that are to their detriment?

C

?A consumer deliberately wearing a product that purports to be made by one brand but which is?actually a fake?

?In which of the following circumstances will a defendant be liable to pay compensation under the tort of?negligence??

A

?They breached a duty of care to the claimant?

B

?They breached a duty of care to the claimant and as a consequence the claimant suffered loss, injury?or damage?

C

?Their actions caused the claimant to suffer some loss, injury or damage?

?In the tort of negligence, what is the legal effect of res ipsa loquitur??

A

?The claimant must prove that the defendant was negligent?

B

?The defendant must prove that they were not negligent?

C

?The claimant must prove that they acted reasonably?

In which of the following circumstances would an employer be vicariously liable for the acts of an?employee??

A

?Where the loss or damage was caused by the employee when performing the duties they were?employed to do?

B

?Where the loss or damage was caused by the employee, but they were not on company business at?the time of the incident?

C

?Where the employee has a valid defence to liability and the injured party has no other course of?action available to them?