Question 1

A driver of a vehicle registered in the Northern Territory,who is injured in NSW can be compensated without proof of fault.

Accepted Answer

A) True 
 B)False

Question 2

The decision in Burnie Port Authority v General Jones Pty Ltd (1994)68 ALR 331 was based on the fact that:

Accepted Answer

A) the landlord of the premises allowed a dangerous substance to escape and damage another's property. 
B) the landlord of the premises employed a contractor enter and carry out a dangerous activity. 
C) the tenant employed a contractor who was negligent. 
D) the landlord failed to have premises properly inspected. 
A) the landlord of the premises allowed a dangerous substance to escape and damage another's property. 
B) the landlord of the premises employed a contractor enter and carry out a dangerous activity. 
C) the tenant employed a contractor who was negligent. 
D) the landlord failed to have premises properly inspected.

Question 3

Pure economic loss means there is no physical damage or injury.

Accepted Answer

A) True 
 B)False

Question 4

Which of the following is NOT a factor a court must take into account in deciding whether a public authority has breached its duty of care?

Accepted Answer

A) Evidence of compliance with general procedures. 
B) The financial and other resources reasonably available to the authority. 
C) The broad range of the authority's activities. 
D) Whether they are in occupation or control of the premises. 
A) Evidence of compliance with general procedures. 
B) The financial and other resources reasonably available to the authority. 
C) The broad range of the authority's activities. 
D) Whether they are in occupation or control of the premises.

Question 5

Under common law,an occupier owes a duty of care to all people coming onto their premises,including trespassers.Why do you think the courts extended this duty of care to trespassers? Do you think that the courts' approach was justified?

Accepted Answer

The courts extended the duty of care to

Question 6

For an occupier,where the risk is obvious,the duty is minimal.

Accepted Answer

A) True 
 B)False

Question 7

Under the civil liability acts,the definition of 'Community work' excludes work done for:

Accepted Answer

A) tourism. 
B) financial gain. 
C) sport and recreation. 
D) amusement. 
A) tourism. 
B) financial gain. 
C) sport and recreation. 
D) amusement.

Question 8

What is meant by the term 'vicarious liability'?

Accepted Answer

It is possible at law for a person to be

Question 9

What is occupier's liability?

Accepted Answer

Occupier's liability is the liability of

Question 10

Do you think it appropriate that volunteers and 'Good Samaritans' be protected from the consequences of their carelessness? Explain your answer.

Accepted Answer

It is important to consider the balance

Question 11

In order to succeed in an action against an occupier,the plaintiff does not have to establish that the defendant has occupation as long as ownership can be established.

Accepted Answer

A) True 
 B)False

Question 12

Which of the following statements about product liability is NOT correct?

Accepted Answer

A) Sellers and repairers are under similar duties to manufacturers and distributors. 
B) Where there is a possibility for an intermediate inspection of the goods and the inspection is done negligently,the intermediary may be liable. 
C) A distributor of a product which is dangerous per se owes a duty to give adequate warning to take precautions. 
D) A manufacturer will only be liable under the Australian Consumer Law if they are shown to have been negligent. 
A) Sellers and repairers are under similar duties to manufacturers and distributors. 
B) Where there is a possibility for an intermediate inspection of the goods and the inspection is done negligently,the intermediary may be liable. 
C) A distributor of a product which is dangerous per se owes a duty to give adequate warning to take precautions. 
D) A manufacturer will only be liable under the Australian Consumer Law if they are shown to have been negligent.

Question 13

Following the decision in Esanda Finance Corporation v Peat Marwick Hungerfords (1997)71 ALJR 448,to whom does an auditor owe a duty of care?

Accepted Answer

A) Anyone who reads the report. 
B) Only to the company who commissioned the report. 
C) Anyone who they know will rely on the report. 
D) Anyone who buys shares in the audited company. 
A) Anyone who reads the report. 
B) Only to the company who commissioned the report. 
C) Anyone who they know will rely on the report. 
D) Anyone who buys shares in the audited company.

Question 14

A prosecution for criminal negligence means a civil action cannot be taken.

Accepted Answer

A) True 
 B)False

Question 15

In certain circumstances,the wrongful acts of one person can render another person liable.

Accepted Answer

A) True 
 B)False

Exam 5: Applications of Negligence to Business

A driver of a vehicle registered in the Northern Territory,who is injured in NSW can be compensated without proof of fault.

The decision in Burnie Port Authority v General Jones Pty Ltd (1994)68 ALR 331 was based on the fact that:

Pure economic loss means there is no physical damage or injury.

Which of the following is NOT a factor a court must take into account in deciding whether a public authority has breached its duty of care?

Under common law,an occupier owes a duty of care to all people coming onto their premises,including trespassers.Why do you think the courts extended this duty of care to trespassers? Do you think that the courts' approach was justified?

For an occupier,where the risk is obvious,the duty is minimal.

Under the civil liability acts,the definition of 'Community work' excludes work done for:

What is meant by the term 'vicarious liability'?

What is occupier's liability?

Do you think it appropriate that volunteers and 'Good Samaritans' be protected from the consequences of their carelessness? Explain your answer.

In order to succeed in an action against an occupier,the plaintiff does not have to establish that the defendant has occupation as long as ownership can be established.

Which of the following statements about product liability is NOT correct?

Following the decision in Esanda Finance Corporation v Peat Marwick Hungerfords (1997)71 ALJR 448,to whom does an auditor owe a duty of care?

A prosecution for criminal negligence means a civil action cannot be taken.

In certain circumstances,the wrongful acts of one person can render another person liable.

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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