Law of Torts Chapter 4

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Questions and Answers

What led to the death of P's husband?

Practical jokes by a colleague

Lack of warning by the fireman

Carbon monoxide leakage in the mine (correct)

Inexperienced manager's negligence

What was the consequence of the manager's failure to remove workers from the pit?

Colleague's prank caused injury

Workers got ill due to carbon monoxide (correct)

Employer was not liable for damages

Fireman recorded the presence of a haze

What is an employer's duty regarding a worker who is a habitual source of danger?

To warn the worker and keep them employed

To remove the source of danger (correct)

To tolerate the worker's behavior

To provide additional training

What was the outcome of the Hudson v Ridge Manufacturing Co. case?

Employer was liable for not providing competent workers (D) Signup and view all the answers

What was the consequence of the employer's failure to discipline the habitual prankster in Hudson v Ridge Manufacturing Co.?

The employer was liable for not providing competent workers (A) Signup and view all the answers

What happened to P in the Hudson v Ridge Manufacturing Co. case?

Fractured his wrist due to a prank (D) Signup and view all the answers

What was the outcome of the Smith v Crossley Brothers case?

Employer was liable for damages (B) Signup and view all the answers

What happened to P in the Smith v Crossley Brothers case?

Was injured by compressed air in the rectum (C) Signup and view all the answers

In an action for damages for personal injury, when is an employer liable for the wrongful act of their employee?

When the act is done in the course of employment (B) Signup and view all the answers

Who is considered an occupier of a premise?

The person in occupation or control of the premises (C) Signup and view all the answers

What type of visitor enters a premise in pursuance of a contract or for a pecuniary consideration?

Contractual Visitor (B) Signup and view all the answers

Who is a lawful visitor?

Contractual visitors, invitees, licensees, and persons entering as of right (A) Signup and view all the answers

What type of visitor is a trespasser?

Unlawful visitor (B) Signup and view all the answers

What determines the obligations of the occupier for damage which occurs on their premises?

The character of the entrant (B) Signup and view all the answers

When is an employee's act considered within the scope of their employment?

When the act is a class which the employee was authorized to do (C) Signup and view all the answers

What is necessary for an employer to be liable for an employee's wrongful act?

The act must be within the course of employment (D) Signup and view all the answers

What is the consideration for a servant's work and skill?

Payment of wages and other remuneration (D) Signup and view all the answers

According to Ready Mixed Concrete v Minister of Pensions, what was the workman declared to be?

An independent contractor (A) Signup and view all the answers

What was the workman paid for in Ready Mixed Concrete v Minister of Pensions?

Per mileage (D) Signup and view all the answers

What was the workman required to do with the vehicle in Ready Mixed Concrete v Minister of Pensions?

Make it available throughout the contract period (D) Signup and view all the answers

What was attached to the truck in Ready Mixed Concrete v Minister of Pensions?

A mixer with the company's logo (D) Signup and view all the answers

What was the workman prohibited from doing in Ready Mixed Concrete v Minister of Pensions?

Carrying goods or anyone else (D) Signup and view all the answers

What is essential to establish a contract of service?

All of the above (D) Signup and view all the answers

What is the role of the leader in the group of workers?

To divide the payment among the members (A) Signup and view all the answers

What was the outcome of P's lawsuit against the local authority?

The court ruled in favor of the local authority (B) Signup and view all the answers

What was the reason for the cracks in P's house?

Latent defects in the building materials (D) Signup and view all the answers

What type of loss did P incur as a result of the cracks in the house?

Economic loss (B) Signup and view all the answers

What is the principle that extends only to latent defects?

Donoghue v Stevenson (A) Signup and view all the answers

What is the tort of deceit committed when?

One makes a fraudulent misrepresentation (B) Signup and view all the answers

What is an example of liability for misstatements?

Deceit (B) Signup and view all the answers

How many ways does liability for misstatements arise?

3 (A) Signup and view all the answers

What is the outcome when one makes a fraudulent misrepresentation to another?

The person is liable for deceit (B) Signup and view all the answers

What is the duty of common humanity in relation to trespassers?

To warn people of the danger of trespassing. (C) Signup and view all the answers

In the case of Herrington v British Railway Board, what was the defendant found negligent for?

Not repairing the broken fence. (D) Signup and view all the answers

What is the condition for a person to be liable for a situation of peril they created?

If they have knowledge of the danger. (B) Signup and view all the answers

What is the duty of an occupier in relation to trespassers?

To warn them of the danger if they have created it. (C) Signup and view all the answers

What is the basis of liability in the case of Videan v BTC?

The judgment was in favour of the stationmaster. (B) Signup and view all the answers

What happened to the fireman, P, in the Ogwo v Taylor case?

He was injured by the steam generated by pouring water on the fire. (B) Signup and view all the answers

What is the duty of an occupier in relation to the safety of trespassers?