How Much Do You Know About Tort Law? Quiz

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On the law of Trespass to the Person: which statement is incorrect?
- Historically more about vindication of rights than obtaining compensation.
- It is ‘actionable per se’—means that the claimant need not prove any tangible physical harm in order to sue.
- The burden of proof in tort lies on the defendant to prove all the essential elements of the tort in question. The claimant has the burden of proving any defence on which he seeks to rely.
- In tort the standard of proof is 'on the balance of probabilities'. This means that a particular state of affairs must be shown as more likely than not to have occurred.

Which of the following is not a defence to tort of defamation?
- Defence of Truth
- Defence of Privilege
- Defence of Honest Opinion
- Defence of Publication on a Matter of Public Interest

For tort of Trespass one must prove intent to cause unlawful harm. The same hurdle must be passed to establish Tort of Negligence. True or False?
- True
- False

Which of the following statements is correct about damages in tort?
- There are three types of damages in tort.
- Whatever the outcome, claimants will be awarded the costs of bringing the claim.
- Damages for non pecuniary losses covers past, present and future pain, but not loss of amenity.
- One of the general principles of compensatory damages is the mitigation of loss.

An Employer’s duty of care cannot be delegated and a duty is owed to each employee. True or False?
- True
- False

Football fans travelling home on the motorway in their minibus are verbally threatened by rival fans from another car on the motorway. This amounts to Tort of Assault. True or False?
- True
- False

To have a successful claim under tort of negligence, the claimant needs to prove several elements. Which of the following is not wholly correct?
- One of the elements the claimant needs to prove is a breach of duty, which is a subjective test.
- One of the elements the claimant needs to prove is a duty of care, which is a 3 staged test.
- One of the elements the claimant needs to prove is that the Defendant caused damage.
- The damage caused by the defendant needs to be reasonably foreseeable.

Assume a case where the Claimant’s injury was so serious it reduced his remaining life expectancy. Could the Claimant recover loss of future earnings?
- Yes
- No

Employee X understands that his employer owes him a duty of care under Common Law. Employee X thinks this means that his employer ought to provide: i) Competent fellow workers ii) A safe place to work iii) Non-faulty equipment iv) Proper supervision Which combination of those factors assumed by Employee X are correct?
- i and iii
- ii, iii and iv
- All of the above
- ii and iii

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