CAIB 3 Practice Exam Questions with Answers
Civil Law - ✔✔Addresses private wrongs using private rights & remedies
Criminal Law - ✔✔Addresses wrongs against society with punitive sanctions.
Statute Law - ✔✔Created by legislation, supersedes common law.
Common Law - ✔✔Rule of Precedence: Uses past decisions for new judgments. Based on
previous decisions for consistency.
Degrees of Negligence - ✔✔Includes negligence, gross negligence, criminal negligence.
Tort Law - ✔✔Injury other than breach of contract where courts will award damages.
Intentional Torts - ✔✔Deliberate actions causing harm, e.g., assault.
Unintentional Torts - ✔✔wrongs resulting from Negligence or carelessness causing harm, e.g.,
defamation, nuisance, trespass.
3 Types of Tort Damages - ✔✔1. Compensatory
2. Exemplary/Punitive
3. Nominal
Compensatory Damages - ✔✔damages awarded to compensate for bodily injury
(general/special damages) or property injury.
General Damages - ✔✔What court deems necessary to fairly compensate the wronged party
,-Pecuniary (economic)
-Non-Pecuniary (pain & suffering, disfigurement)
Special Damages - ✔✔Out-of-pocket expenses due to injury.
Exemplary Damages - ✔✔Punitive damages to punish or make example of wrongdoers.
Nominal Damages - ✔✔Symbolic damages to establish claim validity when no substantial loss.
ex. pay $1
Settlement Speculation - ✔✔Settlements based on expected trial outcomes.
Remedies for Breach of Contract - ✔✔EPAR
-Enforce performance
-Prohibit/ensure performance (injunction: do/not do something)
-Award Damages
-Rescission of Contract
General Limitation Statute - ✔✔Time limit for legal action on contracts.
Liability in Statute Law - ✔✔Owner liable for statutory breaches. (more likely punitive damages)
Liability in Common Law - ✔✔Based on duty of care and negligence.
Doctrine of Negligence: Duty to exercise due care to avoid harm.
Strict Liability - ✔✔When doing inherently dangerous activity, legally liable for damages
regardless of negligence.
,Dangerous Activities - ✔✔Includes explosives, fires, and aircraft operations.
Premises Liability - ✔✔Occupiers owe common duty to visitors.
Occupier - ✔✔Person controlling premises, responsible for safety.
In Common Law - 3 types of Visitors - ✔✔Includes invitees, licensees, and trespassers.
Invitees - ✔✔Visitors providing economic benefit to occupier.
Licensees - ✔✔Visitors allowed without economic benefit.
Trespassers - ✔✔Unauthorized individuals on premises.
Negligence - ✔✔Failure to exercise reasonable care causing harm.
Nuisance - ✔✔Interference with enjoyment of property or health.
Plaintiff must show:
1. physical injury/substantial interference of use/enjoyment
2. unreasonable (3am vs 3pm)
Trespass - ✔✔Unlawful interference with property or rights.
Occupier's Liability Act - ✔✔Duty of care for the condition of premises and
operations conducted thereon
, Visitors: owed common duty - ensure visitor reasonably safe for purpose of visit
-duty not owed if visitor accepts risk (roofer roofing)
Trespasser: no traps/ intentional harm
Occupiers Liability limited if: - ✔✔1. Independent Contractors - working on premises
2. Conditions of Rented Premises (landlord responsible)
Hirer Liability with Contractors - ✔✔Not Liable:
1. Reasonable care in contractor selection
2. Work should have been done
Share liability if:
-work inherently dangerous
-damage cause by defective materials supplied
-control how work being done
Single Occupancy Building - Landlord liability - ✔✔Landlord not liable unless:
-fail to notify of danger @ time of lease.
-agree to repair and doesn't
Multiple Occupancy - ✔✔Landlord liable for common areas' safety.
Duty to those Off Premises - ✔✔Maintain safety to prevent harm
- ensure operations don't escape (smoke/chemicals)
Completed Operations Exposure - ✔✔Liability for work completed away from premises.
Exposure once work completed or abandoned
Civil Law - ✔✔Addresses private wrongs using private rights & remedies
Criminal Law - ✔✔Addresses wrongs against society with punitive sanctions.
Statute Law - ✔✔Created by legislation, supersedes common law.
Common Law - ✔✔Rule of Precedence: Uses past decisions for new judgments. Based on
previous decisions for consistency.
Degrees of Negligence - ✔✔Includes negligence, gross negligence, criminal negligence.
Tort Law - ✔✔Injury other than breach of contract where courts will award damages.
Intentional Torts - ✔✔Deliberate actions causing harm, e.g., assault.
Unintentional Torts - ✔✔wrongs resulting from Negligence or carelessness causing harm, e.g.,
defamation, nuisance, trespass.
3 Types of Tort Damages - ✔✔1. Compensatory
2. Exemplary/Punitive
3. Nominal
Compensatory Damages - ✔✔damages awarded to compensate for bodily injury
(general/special damages) or property injury.
General Damages - ✔✔What court deems necessary to fairly compensate the wronged party
,-Pecuniary (economic)
-Non-Pecuniary (pain & suffering, disfigurement)
Special Damages - ✔✔Out-of-pocket expenses due to injury.
Exemplary Damages - ✔✔Punitive damages to punish or make example of wrongdoers.
Nominal Damages - ✔✔Symbolic damages to establish claim validity when no substantial loss.
ex. pay $1
Settlement Speculation - ✔✔Settlements based on expected trial outcomes.
Remedies for Breach of Contract - ✔✔EPAR
-Enforce performance
-Prohibit/ensure performance (injunction: do/not do something)
-Award Damages
-Rescission of Contract
General Limitation Statute - ✔✔Time limit for legal action on contracts.
Liability in Statute Law - ✔✔Owner liable for statutory breaches. (more likely punitive damages)
Liability in Common Law - ✔✔Based on duty of care and negligence.
Doctrine of Negligence: Duty to exercise due care to avoid harm.
Strict Liability - ✔✔When doing inherently dangerous activity, legally liable for damages
regardless of negligence.
,Dangerous Activities - ✔✔Includes explosives, fires, and aircraft operations.
Premises Liability - ✔✔Occupiers owe common duty to visitors.
Occupier - ✔✔Person controlling premises, responsible for safety.
In Common Law - 3 types of Visitors - ✔✔Includes invitees, licensees, and trespassers.
Invitees - ✔✔Visitors providing economic benefit to occupier.
Licensees - ✔✔Visitors allowed without economic benefit.
Trespassers - ✔✔Unauthorized individuals on premises.
Negligence - ✔✔Failure to exercise reasonable care causing harm.
Nuisance - ✔✔Interference with enjoyment of property or health.
Plaintiff must show:
1. physical injury/substantial interference of use/enjoyment
2. unreasonable (3am vs 3pm)
Trespass - ✔✔Unlawful interference with property or rights.
Occupier's Liability Act - ✔✔Duty of care for the condition of premises and
operations conducted thereon
, Visitors: owed common duty - ensure visitor reasonably safe for purpose of visit
-duty not owed if visitor accepts risk (roofer roofing)
Trespasser: no traps/ intentional harm
Occupiers Liability limited if: - ✔✔1. Independent Contractors - working on premises
2. Conditions of Rented Premises (landlord responsible)
Hirer Liability with Contractors - ✔✔Not Liable:
1. Reasonable care in contractor selection
2. Work should have been done
Share liability if:
-work inherently dangerous
-damage cause by defective materials supplied
-control how work being done
Single Occupancy Building - Landlord liability - ✔✔Landlord not liable unless:
-fail to notify of danger @ time of lease.
-agree to repair and doesn't
Multiple Occupancy - ✔✔Landlord liable for common areas' safety.
Duty to those Off Premises - ✔✔Maintain safety to prevent harm
- ensure operations don't escape (smoke/chemicals)
Completed Operations Exposure - ✔✔Liability for work completed away from premises.
Exposure once work completed or abandoned
