CAIB 3 Practice Exam Questions with 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. - AnswerBased 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