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Which of the following statements concerning tort is correct? 

A

Breach of contract is a tort 

B

 Torts are crimes 

C

 A tort is a civil wrong and the victim sues for compensation or an injunction 

 Which of the following describes the tort of 'passing-off'? 

A

 The use of a business name or trademark that misleads the consumer to believe that one business is that of another 

B

Misleading a consumer to take actions that are to their detriment 

C

 A consumer deliberately wearing a product that purports to be made by one brand but which is actually a fake 

 In which of the following circumstances will a defendant be liable to pay compensation under the tort of negligence? 

A

 They breached a duty of care to the claimant 

B

 They breached a duty of care to the claimant and as a consequence the claimant suffered loss, injury or damage 

C

 Their actions caused the claimant to suffer some loss, injury or damage 

 In the tort of negligence, what is the legal effect of res ipsa loquitur? 

A

 The claimant must prove that the defendant was negligent 

B

 The defendant must prove that they were not negligent 

C

 The claimant must prove that they acted reasonably 

In which of the following circumstances would an employer be vicariously liable for the acts of an employee? 

A

 Where the loss or damage was caused by the employee when performing the duties they were employed to do 

B

 Where the loss or damage was caused by the employee, but they were not on company business at the time of the incident 

C

 Where the employee has a valid defence to liability and the injured party has no other course of action available to them 

 In the tort of negligence, what is the effect of volenti non fit injuria? 

A

The defendant is liable for the claimant's injury unless proved otherwise 

B

 The claimant accepted the risk of injury and the defendant is not liable for the claimant's losses 

C

 Neither the claimant nor the defendant is responsible for the claimant's injury 

(1)___________ are a (2) ___________ remedy designed to restore the injured party to the position they would have been in had the contract been (3) ___________  A loss outside the natural course of events will only be compensated if the (4) ___________circumstances are within the (5) ___________'s knowledge at the time of making the contract. In assessing the amount of damage it is assumed that the (6) ___________will (7) ___________ their loss. A contractual term designed as a (8) ___________ is (9) ___________ . 

When anticipatory breach occurs, the injured party has two options. These are

 (1) ____________________

  (2) ____________________  

Which TWO of the following labour records may be used to allocate costs to the variouscost units in a factory?

A

Employee record card

B

Attendance record card

C

Timesheet

D

Job card

 In tort no previous transaction or contractual relationship need exist. 

A

True 

B

False