CAIB 3 Practice Exam questions with
correct answers
, What is the name given to the collection of written decisions? - CORRECT ANSWERS-
Case Law
Explain the concept of the Rule of Precedent. - CORRECT ANSWERS-Current court
decisions must follow those made in cases having similar circumstances, which allows
the development of a logical body of general principles against which specific cases to
be compared.
Explain the meaning of the term "damages". - CORRECT ANSWERS-Compensation in
money for the loss or damage suffered.
Compensatory damages for bodily injury are an amalgamation of general and special
damages, and based on a number of factors which the courts take into account.
State four factors that influence the determination of
compensatory damages. - CORRECT ANSWERS-1. extent of financial support
provided by the injured party to his or her family
2. social position
3. reputation
4. financial circumstances
5. ability of the plaintiff's legal representative
Explain the assumption that lies at the centre of the Doctrine of Strict Liability. -
CORRECT ANSWERS-Based on the assumption that certain activities are so
hazardous that, in the event of injury or damage arising out of them, the person
conducting the activity shall be presumed to be legal liable
Identify two activities that impose strict liability on the person conducting the activity. -
CORRECT ANSWERS-The setting off of explosives , the lighting of fires, the operation
of aircraft, the keeping of a dangerous thing on the premises, such as water in a dam or
cistern; gas; electricity; wild animals.
What is the position of the defendant in a legal action when the law deems the
defendant strictly liable? - CORRECT ANSWERS-The defendant has the right to
establish a defense against an action alleging strict liability.
What determines if a product is defective? - CORRECT ANSWERS-A defective product
is one that contained something that it should not have; or something that should have
been there was omitted in its manufacture.
The Sale of Goods Act sets out the contractual responsibilities of sellers for their
products. This Statute Law contains a number of implied warranties that form part of
every contract for the sale of goods.
correct answers
, What is the name given to the collection of written decisions? - CORRECT ANSWERS-
Case Law
Explain the concept of the Rule of Precedent. - CORRECT ANSWERS-Current court
decisions must follow those made in cases having similar circumstances, which allows
the development of a logical body of general principles against which specific cases to
be compared.
Explain the meaning of the term "damages". - CORRECT ANSWERS-Compensation in
money for the loss or damage suffered.
Compensatory damages for bodily injury are an amalgamation of general and special
damages, and based on a number of factors which the courts take into account.
State four factors that influence the determination of
compensatory damages. - CORRECT ANSWERS-1. extent of financial support
provided by the injured party to his or her family
2. social position
3. reputation
4. financial circumstances
5. ability of the plaintiff's legal representative
Explain the assumption that lies at the centre of the Doctrine of Strict Liability. -
CORRECT ANSWERS-Based on the assumption that certain activities are so
hazardous that, in the event of injury or damage arising out of them, the person
conducting the activity shall be presumed to be legal liable
Identify two activities that impose strict liability on the person conducting the activity. -
CORRECT ANSWERS-The setting off of explosives , the lighting of fires, the operation
of aircraft, the keeping of a dangerous thing on the premises, such as water in a dam or
cistern; gas; electricity; wild animals.
What is the position of the defendant in a legal action when the law deems the
defendant strictly liable? - CORRECT ANSWERS-The defendant has the right to
establish a defense against an action alleging strict liability.
What determines if a product is defective? - CORRECT ANSWERS-A defective product
is one that contained something that it should not have; or something that should have
been there was omitted in its manufacture.
The Sale of Goods Act sets out the contractual responsibilities of sellers for their
products. This Statute Law contains a number of implied warranties that form part of
every contract for the sale of goods.
