CAIB 3 Practice Exam Questions With
Correct Answers
What is the name given to the collection of written decisions? -
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ANSWER✔✔✔-Case Law |
Explain the concept of the Rule of Precedent. - ANSWER✔✔✔-Current
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court decisions must follow those made in cases having similar
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circumstances, which allows the development of a logical body of
| | | | | | | | | |
general principles against which specific cases to be compared.
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Explain the meaning of the term "damages". - ANSWER✔✔✔-
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Compensation in money for the loss or damage suffered.
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Compensatory damages for bodily injury are an amalgamation of
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general and special damages, and based on a number of factors which
| | | | | | | | | | | |
the courts take into account.
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State four factors that influence the determination of
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compensatory damages. - ANSWER✔✔✔-1. extent of financial support
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provided by the injured party to his or her family
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2. social position
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,3. reputation
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4. financial circumstances
| |
5. ability of the plaintiff's legal representative
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Explain the assumption that lies at the centre of the Doctrine of Strict
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Liability. - ANSWER✔✔✔-Based on the assumption that certain
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activities are so hazardous that, in the event of injury or damage arising
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out of them, the person conducting the activity shall be presumed to be
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legal liable |
Identify two activities that impose strict liability on the person
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conducting the activity. - ANSWER✔✔✔-The setting off of explosives ,
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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? - ANSWER✔✔✔-The defendant has
| | | | | | | |
the right to establish a defense against an action alleging strict liability.
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What determines if a product is defective? - ANSWER✔✔✔-A defective
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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.
| | | | | | | | | | |
Identify one implied warranty which is of significance to sellers of
| | | | | | | | | | |
products. - ANSWER✔✔✔-fitness of a business's product(s) for a
| | | | | | | | |
particular purpose |
The Sale of Goods Act also addresses a buyer's responsibility to exercise
| | | | | | | | | | | |
care as to the suitability and quality of the products purchased.
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State the exception to this general rule. - ANSWER✔✔✔-When a buyer
| | | | | | | | | | |
makes known the particular purpose for which the goods are required,
| | | | | | | | | | |
and relies on the seller's skill or judgment, there is an implied condition
| | | | | | | | | | | | |
that the goods will be reasonably fit for such purpose. If they are not,
| | | | | | | | | | | | | |
the seller will be liable for damages should injury or property damage
| | | | | | | | | | | |
result from their use. | | |
Your client, the proprietor of pub, is insured under the Commercial
| | | | | | | | | | |
General Liability Policy. Indicate whether or not the policy would
| | | | | | | | | |
respond in the following instances. State COVERED or NOT COVERED
| | | | | | | | |
The insured entered a claim for the recovery of a $1,000 payment made
| | | | | | | | | | | | |
as a goodwill gesture to a customer, a well-known entertainer, who
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Correct Answers
What is the name given to the collection of written decisions? -
| | | | | | | | | | | |
ANSWER✔✔✔-Case Law |
Explain the concept of the Rule of Precedent. - ANSWER✔✔✔-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". - ANSWER✔✔✔-
| | | | | | | |
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. - ANSWER✔✔✔-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. - ANSWER✔✔✔-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. - ANSWER✔✔✔-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? - ANSWER✔✔✔-The defendant has
| | | | | | | |
the right to establish a defense against an action alleging strict liability.
| | | | | | | | | | | |
What determines if a product is defective? - ANSWER✔✔✔-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.
| | | | | | | | | | |
Identify one implied warranty which is of significance to sellers of
| | | | | | | | | | |
products. - ANSWER✔✔✔-fitness of a business's product(s) for a
| | | | | | | | |
particular purpose |
The Sale of Goods Act also addresses a buyer's responsibility to exercise
| | | | | | | | | | | |
care as to the suitability and quality of the products purchased.
| | | | | | | | | | |
State the exception to this general rule. - ANSWER✔✔✔-When a buyer
| | | | | | | | | | |
makes known the particular purpose for which the goods are required,
| | | | | | | | | | |
and relies on the seller's skill or judgment, there is an implied condition
| | | | | | | | | | | | |
that the goods will be reasonably fit for such purpose. If they are not,
| | | | | | | | | | | | | |
the seller will be liable for damages should injury or property damage
| | | | | | | | | | | |
result from their use. | | |
Your client, the proprietor of pub, is insured under the Commercial
| | | | | | | | | | |
General Liability Policy. Indicate whether or not the policy would
| | | | | | | | | |
respond in the following instances. State COVERED or NOT COVERED
| | | | | | | | |
The insured entered a claim for the recovery of a $1,000 payment made
| | | | | | | | | | | | |
as a goodwill gesture to a customer, a well-known entertainer, who
| | | | | | | | | | |
