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Which of the following describes the type of contract that an employee has? 

A

A contract of service 

B

A contract for services 

C

A contract of agency 

 Which of the following factors indicates that a person is self-employed rather than an employee? 

A

 The person owns their own tools 

B

 The person is paid a salary net of tax 

C

 The person may not delegate their obligations to someone else 

Which TWO of the following parties does an auditor owe a duty of care to when auditing the accounts of a subsidiary company? 

(1) The parent company 

 (2) The shareholders of the parent company 

 (3) The subsidiary company  

(4) A rival company considering a takeover of the subsidiary company 

A

 1 and 2 

B

 1 and 3 

C

 2 and 3 

D

 2 and 4 

 Bee injured her eye after failing to close a safety gate on a machine as instructed. She was also not wearing mandatory safety goggles as required by her contract of employment. 

Which of the following is this an example of? 

A

 Novus actus interveniens 

B

 Volenti non fit injuria 

C

 Res ipsa loquitur 

D

 Contributory negligence 

 What is the effect of a finding of contributory negligence in the law of tort? 

A

 It removes the requirement to pay damages 

B

 It reverses the payment of damages 

C

 It decreases the level of damages 

Contributory negligence arises as a result of the fault of which of the following? 

A

 The claimant 

B

 The respondent 

C

 A third party 

Ann got trapped in a public toilet due to the lock being faulty. Rather than wait for help, she tried to climb out of the window but fell and broke her leg. 

Which of the following is this an example of? 

A

 Res ipsa loquitur 

B

 Volenti non fit injuria 

C

 Novus actus interveniens 

D

 Contributory negligence 

 In relation to the tort of negligence, which of the following describes the standard of care expected of individuals? 

A

 What can be reasonably expected of them personally in the circumstances 

B

 What a reasonable person would do in the circumstances 

C

 What the person is actually capable of in the circumstances 

D

 What it is actually possible to do in the circumstances 

What is the effect of volenti non fit injuria in the law of tort? 

A

 It is a complete defence to an action in negligence 

B

 It reduces the amount of damages that a defendant is liable for 

C

 It reverses the burden of proof so that the defendant must prove that they were not negligent 

 In negligence, what is the limit of a defendant's liability for damages? 

A

 The full losses incurred by the claimant 

B

 The losses that the defendant could reasonably foresee 

C

 The amount of losses that the defendant can afford to pay