Question 1

In Deatons v Flew (1949)79 CLR 370,why was the hotelier NOT liable to the injured customer?

Accepted Answer

A) Because the barmaid lost her temper. 
B) Because the injured customer had provoked the barmaid and was contributorily negligent. 
C) Because the barmaid's actions were outside the scope of her employment. 
D) Because the barmaid was not an employee. 
A) Because the barmaid lost her temper. 
B) Because the injured customer had provoked the barmaid and was contributorily negligent. 
C) Because the barmaid's actions were outside the scope of her employment. 
D) Because the barmaid was not an employee. C

Question 2

Describe the non-delegable duty of care concept.

Accepted Answer

A non-delegable duty of care cannot be passed on or delegated to another person to try to avoid responsibility or liability.Although it is not an absolute duty to prevent harm,in each case where a non-delegable duty of care exists,there is a higher standard of care required by the person owing it with respect not only to what they do but also to ensure that,where tasks are delegated,they are carried out with reasonable care and skill.

Question 3

Under the civil liability acts,a 'Good Samaritan' will still be liable for an act done:

Accepted Answer

A) in assisting a person who has not been injured but who is at risk of being injured. 
B) while the Good Samaritan is intoxicated. 
C) in giving advice about the assistance of a person who has not been injured but who is at risk of being injured. 
D) honestly and without recklessness. 
A) in assisting a person who has not been injured but who is at risk of being injured. 
B) while the Good Samaritan is intoxicated. 
C) in giving advice about the assistance of a person who has not been injured but who is at risk of being injured. 
D) honestly and without recklessness. B

Question 4

An employer will be vicariously liable for the tortious acts of:

Accepted Answer

A) employees but not independent contractors. 
B) both employees and independent contractors. 
C) independent contractors but not employees. 
D) neither employees nor independent contractors. 
A) employees but not independent contractors. 
B) both employees and independent contractors. 
C) independent contractors but not employees. 
D) neither employees nor independent contractors.

Question 5

The standard of proof in a criminal negligence case is beyond a reasonable doubt.

Accepted Answer

A) True 
 B)False

Question 6

The 'occupier' of a premises is best described as:

Accepted Answer

A) the person who has occupation or control of the premises. 
B) the person who owns the premises. 
C) the person who has entire control over the premises. 
D) the person in possession of the premises. 
A) the person who has occupation or control of the premises. 
B) the person who owns the premises. 
C) the person who has entire control over the premises. 
D) the person in possession of the premises.

Question 7

The decision in Australian Safeway Stores Pty Ltd v Zaluzna (1986)162 CLR 479 means that:

Accepted Answer

A) occupiers of property owe a duty of care to anyone who enters their premises. 
B) the duty of an occupier varies with the circumstances of a person's entry. 
C) an occupier's duty of care is measured by their response to a foreseeable risk. 
D) all of the above. 
A) occupiers of property owe a duty of care to anyone who enters their premises. 
B) the duty of an occupier varies with the circumstances of a person's entry. 
C) an occupier's duty of care is measured by their response to a foreseeable risk. 
D) all of the above.

Question 8

In what circumstances will a person giving negligent advice be liable for harm arising from their negligence?

Accepted Answer

A) Where one person gives advice to another. 
B) Where the advice is given in serious circumstances to a person who the advisor knew would reasonably rely upon it. 
C) Where the person is a professional advisor. 
D) Where the advice is given in relation to commercial business activities. 
A) Where one person gives advice to another. 
B) Where the advice is given in serious circumstances to a person who the advisor knew would reasonably rely upon it. 
C) Where the person is a professional advisor. 
D) Where the advice is given in relation to commercial business activities.

Question 9

In which case did the House of Lords first suggest that a negligent misstatement could give rise to an action for financial loss?

Accepted Answer

A) Donoghue v Stevenson [1932] AC 562. 
B) L Shaddock & Associates v Parramatta City Council (No 1)(1981)150 CLR 225. 
C) Hedley Byrne & Co Ltd v Heller & Partners Ltd [1964] AC 465. 
D) Esanda Finance Corporation v Peat Marwick Hungerfords (1997)71 ALJR 448. 
A) Donoghue v Stevenson [1932] AC 562. 
B) L Shaddock & Associates v Parramatta City Council (No 1)(1981)150 CLR 225. 
C) Hedley Byrne & Co Ltd v Heller & Partners Ltd [1964] AC 465. 
D) Esanda Finance Corporation v Peat Marwick Hungerfords (1997)71 ALJR 448.

Question 10

A person who suffers injury as a result of a defective product may take action in negligence or under consumer protection legislation.

Accepted Answer

A) True 
 B)False

Question 11

In which case did the High Court decide that a duty of care could arise in relation to both the giving of information and the giving of advice?

Accepted Answer

A) Esanda Finance Corporation v Peat Marwick Hungerfords (1997)71 ALJR 448. 
B) L Shaddock & Associates v Parramatta City Council (No 1)(1981)150 CLR 225. 
C) Donoghue v Stevenson [1932] AC 562. 
D) Hedley Byrne & Co Ltd v Heller & Partners Ltd [1964] AC 465. 
A) Esanda Finance Corporation v Peat Marwick Hungerfords (1997)71 ALJR 448. 
B) L Shaddock & Associates v Parramatta City Council (No 1)(1981)150 CLR 225. 
C) Donoghue v Stevenson [1932] AC 562. 
D) Hedley Byrne & Co Ltd v Heller & Partners Ltd [1964] AC 465.

Question 12

It is easier to take action against a manufacturer of a defective product under consumer protection legislation than under the common law because:

Accepted Answer

A) it is quicker and cheaper. 
B) there is no need to prove fault. 
C) statute law takes precedence over the common law. 
D) the manufacturer is strictly liable. 
A) it is quicker and cheaper. 
B) there is no need to prove fault. 
C) statute law takes precedence over the common law. 
D) the manufacturer is strictly liable.

Question 13

Since a trespasser is considered uninvited,the occupier of the premises does not owe the trespasser a duty of care.

Accepted Answer

A) True 
 B)False

Question 14

In Grant v Australian Knitting Mills [1936] AC 85,the manufacturer:

Accepted Answer

A) was liable to the customer based on criminal law. 
B) was not liable to the customer for breach of an implied term in the contract. 
C) was not liable because the customer had the opportunity to inspect the product. 
D) was liable for breach of duty of care owed to the customer. 
A) was liable to the customer based on criminal law. 
B) was not liable to the customer for breach of an implied term in the contract. 
C) was not liable because the customer had the opportunity to inspect the product. 
D) was liable for breach of duty of care owed to the customer.

Question 15

There are no circumstances upon which an auditor owes a duty of care to a third party.

Accepted Answer

A) True 
 B)False

Question 16

A 'non-delegable' duty of care is:

Accepted Answer

A) less onerous than an ordinary duty of care. 
B) as onerous as an ordinary duty of care. 
C) an absolute duty to take reasonable care. 
D) more onerous than an ordinary duty of care. 
A) less onerous than an ordinary duty of care. 
B) as onerous as an ordinary duty of care. 
C) an absolute duty to take reasonable care. 
D) more onerous than an ordinary duty of care.

Question 17

In what circumstances will an employer be vicariously liable for the negligent act of an employee?

Accepted Answer

A) Always. 
B) Only if the employee is an independent contractor. 
C) Never. 
D) Only if the negligent act was carried out in the course of their employment. 
A) Always. 
B) Only if the employee is an independent contractor. 
C) Never. 
D) Only if the negligent act was carried out in the course of their employment.

Question 18

To establish a case of occupier's liability,a plaintiff must establish that:

Accepted Answer

A) the hazard was in the nature of a 'trap' and not obvious. 
B) the defendant was negligent in not putting some protection in place or giving a warning. 
C) the defendant has occupation or control of the land or structure. 
D) all of the above. 
A) the hazard was in the nature of a 'trap' and not obvious. 
B) the defendant was negligent in not putting some protection in place or giving a warning. 
C) the defendant has occupation or control of the land or structure. 
D) all of the above.

Question 19

Liability for criminal negligence might arise because:

Accepted Answer

A) the accused failed to exercise reasonable care and this caused death or injury to a member of the community. 
B) there was a very serious departure from reasonable standards of care. 
C) the accused was reckless in the face of it being reasonably foreseeable that the injured person would suffer serious harm. 
D) all of the above. 
A) the accused failed to exercise reasonable care and this caused death or injury to a member of the community. 
B) there was a very serious departure from reasonable standards of care. 
C) the accused was reckless in the face of it being reasonably foreseeable that the injured person would suffer serious harm. 
D) all of the above.

Question 20

An action for harm caused by a defective product under the Australian Consumer Law requires proof of fault.

Accepted Answer

A) True 
 B)False

Exam 5: Applications of Negligence to Business

In Deatons v Flew (1949)79 CLR 370,why was the hotelier NOT liable to the injured customer?

Describe the non-delegable duty of care concept.

Under the civil liability acts,a 'Good Samaritan' will still be liable for an act done:

An employer will be vicariously liable for the tortious acts of:

The standard of proof in a criminal negligence case is beyond a reasonable doubt.

The 'occupier' of a premises is best described as:

The decision in Australian Safeway Stores Pty Ltd v Zaluzna (1986)162 CLR 479 means that:

In what circumstances will a person giving negligent advice be liable for harm arising from their negligence?

In which case did the House of Lords first suggest that a negligent misstatement could give rise to an action for financial loss?

A person who suffers injury as a result of a defective product may take action in negligence or under consumer protection legislation.

In which case did the High Court decide that a duty of care could arise in relation to both the giving of information and the giving of advice?

It is easier to take action against a manufacturer of a defective product under consumer protection legislation than under the common law because:

Since a trespasser is considered uninvited,the occupier of the premises does not owe the trespasser a duty of care.

In Grant v Australian Knitting Mills [1936] AC 85,the manufacturer:

There are no circumstances upon which an auditor owes a duty of care to a third party.

A 'non-delegable' duty of care is:

In what circumstances will an employer be vicariously liable for the negligent act of an employee?

To establish a case of occupier's liability,a plaintiff must establish that:

Liability for criminal negligence might arise because:

An action for harm caused by a defective product under the Australian Consumer Law requires proof of fault.

Legal Foundations

Legal Systems

How Law Is Made: Precedentstatute Law

Civil Liability: the Law of Torts and Negligence

Introduction to Contracts

Agreement Between the Parties

Intention to Create Legal Relations

Consideration

Capacity of the Parties

Genuine Consent

Is the Contract Legal

Terms of the Contract

Rights and Liabilities of the Parties,discharge and Remedies

Remedies in Contract

Statutory Consumer Guarantees and the Australian Consumer Law

General and Specific Consumer Protections Under the Acl

Introduction to Companies and Incorporated Associations

Agency

Partnerships

Choosing a Business Entity

Other Business-Related Torts

Insurance

Sale of Goodsbusiness to Business

Property and Mortgages

Intellectual Property

Ethics and Business Practice

Criminal Law in a Business Context

Competition Law

Insolvency and Debt Recovery

The Work Environment and the Employment Relationship

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