Question 1

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1. It was recently reported in the press that a young man was seen riding a skateboard along the middle of a busy street, between cars going in opposite directions, while looking at a mobile phone. If he were hit by a car a court would likely reduce any damages claimed for what legal reason?

a.

Proportionate liability

b.

Vicarious liability

c.

Volenti

d.

Failure to mitigate

Question 2

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2. A driver parks a car on a slope and fails properly to engage the handbrake. After he leaves the car the brake slips and the car rolls down the hill, finally crashing through a fence into a house yard. The car driver would be

a.

Lliable for negligence

b.

Liable for nuisance

c.

Liable for trespass

d.

A and C

Question 3

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3. If an engineering factory is ordered by a court not to operate machinery before 9am on Sundays because the noise disturbs nearby residents this would be a direction to

a.

Indemnify a nuisance

b.

Mitigate a nuisance

c.

Abate a nuisance

d.

Estop a nuisance

Question 4

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4. Dimitri is the owner of a ski lift at the ski fields in Kosciuszko. NSW. Peter is a self employed engineer who is paid by Dimitri to do safety checks on the ski lift each day before it opens. One morning Peter is in a hurry and fails properly to perform the work. Dimitri soon becomes aware the ski lift is not functioning properly but continues to operate it because he does not want to lose income. Later in the day the ski lift malfunctions and a skier is thrown out, falls to the ground and is badly injured. The injured skier could bring a claim for compensation:

a.

Against Dimitri and Peter for proportionate liability

b.

Only against Peter for negligence

c.

Only against Dimitri for failure to mitigate

d.

Against Dimitri and Peter for contributory negligence

Question 5

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5. A court is hearing a dispute. One witness describes another witness in the case as a disreputable liar. If the second witness sues the first witness for defamation the claim would fail because the first witnesss statement is

a.

Protected by absolute privilege

b.

Protected by qualified privilege

c.

A matter of public interest

d.

None of the above; the first witness would be liable for damages

Question 6

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6. In defamation law, a claim which is not expressly stated but may be reasonably inferred from other statements made is described as

a.

Fair comment

b.

An implied term

c.

A privileged statement

d.

An imputation

Clear my choice

Question 7

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7. To succeed in a claim for defamation the person making the claim must prove that

a.

Question 9

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9. Uriah is a lawyer who specializes in commercial law. David, who is not an Australian citizen, has been faced with a breach of the Migration Act and faces a heavy financial penalty. At a Christmas party David asks Uriahs advice about how to defend the charge but does not give Uriah any documents he has received from the police. Uriah gives David some general advice. David acts upon the advice, but it turns out to be incorrect and David incurs a heavy fine. For which of the following reasons could David not sue Uriah for negligence?

a.

Uriahs advice was not within his expertise

b.

David did not pay for the advice

c.

The advice was based on incomplete information

d.

A and C

Question 10

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10. Several years ago a speeding truck involved in a fatal accident in NSW was found to have its compulsory speed limiting device (which would restrict its speed to 100kph) disconnected. Other trucks in the fleet were then inspected and found also to have their speed limiting devices disconnected. The owner of the truck fleet (who permitted drivers to disconnect the speed limiting devices to speed up deliveries) could be liable under which legal principle?

a.

Contributory negligence

b.

Vicarious liability

c.

Unlimited liability

d.

Exemplary damages

A defamatory statement was made intentionally

b.

A defamatory statement identified the person bringing the claim by naming him/her

c.

A defamatory statement about the person bringing the claim was published to a third party

d.

All of the above