CAIB 3 Exam Actual Questions With Correct
Answers| Latest Update
What is the name given to the collection of written decisions?
Case Law
Explain the concept of the Rule of Precedent.
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".
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.
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.
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.
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?
The defendant has the right to establish a defense against an action alleging strict
liability.
What determines if a product is defective?
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.
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.
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 injured himself
during a fall from a bar stool
NOT COVERED - REFERENCE: Ch. 2, pg. 4
Answers| Latest Update
What is the name given to the collection of written decisions?
Case Law
Explain the concept of the Rule of Precedent.
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".
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.
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.
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.
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?
The defendant has the right to establish a defense against an action alleging strict
liability.
What determines if a product is defective?
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.
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.
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 injured himself
during a fall from a bar stool
NOT COVERED - REFERENCE: Ch. 2, pg. 4
