Question 1

Which of the following is not a tort?&#10;A) Libel&#10;B) Assault&#10;C) Negligence&#10;D) Obscenity

Accepted Answer

Obscenity is not a tort, it is a category of speech that is unprotected by the First Amendment and can be subject to regulation or prohibition by law. Libel, assault, and negligence are all torts.

Question 2

The traditional distinction between tort and contract is that contracts are voluntarily undertaken obligations, whereas the wrongs which make up the law of tort are breaches of imposed obligations.

Accepted Answer

The statement is true. The traditional distinction between tort and contract is that contracts are voluntarily undertaken obligations, whereas the wrongs which make up the law of tort are breaches of imposed obligations in other words, obligations which we have not chosen to be subjected to. For instance, my obligation not to hit you is an obligation I am subjected to whether I like it or not. By contrast, if I contract to sell my car to you, my obligation to hand over the car is an obligation I have chosen to be subjected to.

Question 3

Match The following interests are protected by which tort or action?&#10;-Reputation&#10;A) Defamation&#10;B) Nuisance&#10;C) Trespass to the person&#10;D) Negligence

Accepted Answer

Reputation is protected by the tort of defamation, which involves making a false statement that harms someone's reputation.

Question 4

Match The following interests are protected by which tort or action?&#10;-Enjoyment of land&#10;A) Defamation&#10;B) Nuisance&#10;C) Trespass to the person&#10;D) Negligence

Accepted Answer

The interest of enjoyment of land is protected by the tort of nuisance, which is the unreasonable interference with the use and enjoyment of land by another person.

Question 5

Match The following interests are protected by which tort or action?&#10;-Personal injury&#10;A) Defamation&#10;B) Nuisance&#10;C) Trespass to the person&#10;D) Negligence

Accepted Answer

Trespass to the person is a tort that protects against personal injury, as it involves direct and intentional interference with a person's body, such as assault, battery, or false imprisonment.

Question 6

Match The following interests are protected by which tort or action?&#10;-Property damage&#10;A) Defamation&#10;B) Nuisance&#10;C) Trespass to the person&#10;D) Negligence

Accepted Answer

Negligence is the tort that typically addresses property damage, as it involves a breach of duty that results in harm to another's property.

Question 7

What is the wronged party in a tort claim called?&#10;A) Claimant&#10;B) Defendant&#10;C) Tortfeasor

Accepted Answer

The wronged party in a tort claim is called the claimant, as they are making a claim for damages or compensation against the responsible party (the tortfeasor). The defendant is the party being sued and is typically the party accused of causing harm or injury to the claimant.

Question 8

Which of these statements is true?&#10;A) All torts are crimes.&#10;B) All crimes are torts.&#10;C) Some torts are crimes.&#10;D) No crimes are torts.

Accepted Answer

Some torts can also be crimes, but not all torts fall under the category of crimes. Therefore, option C is the only true statement.

Question 9

Which of the following forms of justice are argued to underlie tort law? Please select all that apply.&#10;A) Corrective justice&#10;B) Distributive justice&#10;C) Retributive justice

Accepted Answer

Corrective justice is a key principle in tort law, focusing on rectifying the harm done by one party to another. Distributive justice, although more commonly associated with broader societal or economic contexts, also plays a role in tort law through mechanisms like damages and compensation, which aim to distribute losses and gains in a fair manner. Retributive justice, on the other hand, is more closely associated with criminal law than tort law, as it involves punishing the wrongdoer rather than primarily compensating the victim.

Question 10

When was the Human Rights Act enacted?&#10;A) 1998&#10;B) 2000&#10;C) 1972&#10;D) 1997

Accepted Answer

The Human Rights Act was enacted in the year 1998 in the United Kingdom.

Question 11

The Human Rights Act (HRA) imposes a duty on the state to respect and act consistently with the human rights set down in the European Convention on Human Rights. Where it does not do so, section 7 of the HRA enables an individual to make a claim in private law against the state.

Accepted Answer

The answer of The Human Rights Act (HRA) imposes a...

Question 12

Lord Young's Common Sense, Common Safety report was commissioned by David Cameron to put ____ 'back into' health and safety measures?

Accepted Answer

The answer of Lord Young's Common Sense, Common Safety report...

Deck 1: Introduction