In which of the following situations will a defendant be liable for his negligence?
参考答案(由小熊题库网聘请的专业题库老师提供的解答)
请点击↑↑↑ 查看官方参考答案 按钮
习题解析
请点击 查看官方参考答案 按钮
您可能感兴趣的题目
1 .On 1 August Daniel sent a letter to Martin offering to sell Martin some steel. On 8 AugustDaniel sent a further letter revoking the offer. Martin received the original letter of offer on11 August and immediately posted his letter of acceptance. On 12 August Martin receivedthe letter of revocation.Is there a contract?
A Yes – Martin has accepted prior to receiving notice of the revocation B No – the revocation is effective from the date of posting C No – Martin’s acceptance is not valid until it reaches Daniel, after Daniel’s revocation D Yes – revocation of offers cannot be done by post
2 .Which TWO of the following statements regarding the defence of consent are true?(1) A defence of volenti non fit injuria will fail if the claimant had no choice other thanto consent to the risk.(2) A person who gets into a car with a drunken or inexperienced driver consents to therisk of injury during the journey.(3) A fireman injured as a result of a broken ladder during a fire rescue will not beviewed as giving free consent.(4) Consent and contributory negligence have so much in common that they areessentially the same defence and have the same effect if argued successfully by thedefendant.
A 1 and 2 B 1 and 3 C 2 and 4 D 3 and 4
3 .Eric owes Henry ￡1,000 to be repaid by 30 June next year. At Henry’s request Eric paysHenry ￡800 on 1 December this year in “full satisfaction of the debt”.Can Henry sue Eric for ￡200 on 30 June?
A Yes, since part payment of a debt cannot provide satisfaction for the agreement to discharge the debt B No, because Henry by his promise will be estopped from insisting on his legal rights C Yes, since the payment of ￡800 on 1 December is not adequate consideration for the promise not to sue D N...
4 .What is the effect of a successful claim of contributory negligence?
A The claimant is found to be responsible for his own injuries so his claim is dismissed B The claimant is partially responsible for his own injuries thus his level of damages is reduced C The defendant is found to be the only cause of the claimant’s injuries and will therefore have to pay compens...
5 .In the context of the law of contract, what is a letter of comfort?
A A binding promise B A legally-binding guarantee C A non-binding letter of intent
7 .Michael visited the Seaview Marine Centre. While looking at the sea-lions’ pool, he saw a little girl drop her teddy bear over the barrier and into the water. Michael crossed the barrier, ignored a warning sign and reached into the water to rescue the bear but was badly bitten on his arm by two sea-lions. He wishes to claim damages.What is the legal position?
A The Marine Centre will have no liability to Michael as there was no immediate danger and he was under no legal or moral pressure to rescue the bear B The Marine Centre will be liable to pay damages to Michael as he was not adequately warned of the danger of the sea-lions C The Marine Centre will b...
8 .What forms the basis of the existence of a legal duty of care in negligence for misstatements resulting in economic loss to the plaintiff?(1) Proximity between the parties.(2) Reasonable foreseeability of damage.
A 1 only B 2 only C Neither 1 nor 2 D Both 1 and 2
9 .Gerry drove his car negligently and mounted the pavement causing injury to Tom, a pedestrian. Although Tom’s injuries were not serious they resulted in his being off work for six months because he suffered from a genetic blood disorder. Tom was a high-flying merchant banker and claims for loss of earnings of ￡350,000. Gerry disputes this claim as excessive.In relation to the law of negligence, what is Gerry’s liability?
A Gerry is only liable for normal damages; Tom’s disease is a novus actus interveniens and could not be foreseen B Gerry is liable for the full damages since he must take his victim as he finds him C Gerry will not be liable for the full damage; under the “eggshell skull rule” the presence of ...
10 .While taking driving lessons John drove negligently and injured his instructor.What is John’s duty of care in this case?
A The same as that owed by every driver B That of any unqualified learner driver C That which might reasonably be expected of a similarly inexperienced driver
