Question 1

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 2

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 3

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 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

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 6

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 7

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

Accepted Answer

A)  Was liable to the customer under the product liability 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 under the product liability 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 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

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 11

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 12

Who is the 'occupier' of premises?

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 13

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 14

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.

Exam 6: Applications of Negligence to Business

A 'non-delegable' duty of care is:

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

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

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

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

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

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

What is meant by the term 'vicarious liability'?

What is occupier's liability?

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

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?

Who is the 'occupier' of premises?

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?

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

Legal Foundations

Origins of Australian Law

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

Agency

Introduction to Companies and Incorporated Associations

Partnerships

Choosing a Business Entity

Other Business-Related Torts

Insurance

Sale of Goods

Electronic commerce

Property and mortgages

Intellectual propert

Ethics and business practice

Criminal law in a business context

Restrictive trade practices

Negotiable instruments

Insolvency and Debt Recovery

The Work Environment and the Employment Relationship

Consumer Credit and Privacy

Ethics and Regulations in Marketing and Advertising

Filters