Question 1

A 'criminal code' is:

Accepted Answer

A 'criminal code' is a comprehensive piece of legislation that codifies criminal law, often replacing or overriding common law principles.

Question 2

If a landlord enters their own property without the tenant's permission or lawful excuse, they commit the tort of:

Accepted Answer

Trespass to land occurs when someone enters onto land without permission or lawful excuse, which applies to a landlord entering a tenant's property without consent.

Question 3

A crime is a harmful act that will lead to prosecution by the:

Accepted Answer

In most legal systems, a crime is considered an offense against the state or society as a whole, and it is the state that prosecutes the offender.

Question 4

The liability of an employer for the harmful acts of their employee is called:

Accepted Answer

Vicarious liability refers to the legal responsibility of an employer for the actions of an employee when those actions occur in the course of employment.

Question 5

A person who deliberately leaves rubbish on another's property may have committed the tort of:

Accepted Answer

Trespass to land occurs when someone intentionally enters or remains on another person's property without permission. Leaving rubbish on another's property is a form of trespass to land because it involves entering the property and leaving something behind without permission.

Question 6

If the defendant deliberately misrepresented themselves as having some kind of association or connection with the plaintiff or their business, the defendant has committed:

Accepted Answer

The tort of passing off occurs when one party misrepresents their goods or services as being connected with another party, causing damage to the latter's goodwill or reputation.

Question 7

If the court decides that the defendant has committed a tort, the plaintiff may be entitled to:

Accepted Answer

If a court finds that a defendant has committed a tort, the plaintiff is typically entitled to monetary compensation, also known as damages, to compensate for the harm suffered.

Question 8

A 'crime' is:

Accepted Answer

A crime is an act or omission that is considered an offense against the state or public, leading to prosecution and punishment by the state.

Question 9

A single act of violence can lead to both:

Accepted Answer

A single act of violence can result in criminal liability (for breaking the law) and tortious liability (for causing harm to another person).

Question 10

A 'contract' is:

Accepted Answer

A contract is a legally enforceable agreement between two or more parties that creates mutual obligations enforceable by law.

Question 11

In a legal context, 'prosecution' means:

Accepted Answer

In a legal context, 'prosecution' refers to the legal proceedings brought by the State to establish the guilt of a person charged with a crime.

Question 12

If a person deliberately makes a false statement during contractual negotiations that induces the other person to enter a contract, the person making such statement commits:

Accepted Answer

The tort of deceit involves making a false statement knowingly or recklessly with the intention of inducing another party to enter into a contract, which is what is described in the scenario.

Question 13

If a person commits the crime of assault, legal action will be commenced by:

Accepted Answer

In criminal cases, such as assault, legal action is commenced by the state or government, often referred to as "The Crown" in common law jurisdictions.

Question 14

If one person indirectly interferes with another person's use and enjoyment of private or public land, they commit the tort of:

Accepted Answer

Nuisance involves indirect interference with the use and enjoyment of land, distinguishing it from direct interference like trespass.

Question 15

A plaintiff bringing a legal action for negligence causing personal injury must commence proceedings within:

Accepted Answer

In most states in the United States, the statute of limitations for bringing a legal action for negligence causing personal injury is three years. This means that the plaintiff must commence proceedings within three years from the date of the incident that caused the injury. Some states may have a shorter or longer statute of limitations, so it's important to check the laws in your jurisdiction.

Question 16

Which of the following is not one of the five types of general legal liability a person can
Incur if their conduct causes harm to another?

Accepted Answer

The answer of Which of the following is not one...

Question 17

If Stephen untruthfully tells Johnny that his waitress Jenny has stolen money from the register, Stephen commits the tort of:

Accepted Answer

Defamation is the publication of a false statement that harms someone's reputation. In this case, Stephen's statement that Jenny has stolen money from the register is false and could damage her reputation.

Question 18

A builder who accidentally builds a defective house may incur:

Accepted Answer

A builder who constructs a defective house may face tortious liability for negligence and contractual liability for breaching the terms of the construction contract.

Question 19

A 'tort', derived from the Latin word tortus, meaning wrong or crooked, is:

Accepted Answer

A tort is a civil wrong that causes harm or loss to another person, allowing the injured party to seek compensation or remedy through litigation.

Question 20

The typical remedy for a tortious act is:

Accepted Answer

The typical remedy for a tortious act is compensation, which involves providing monetary damages to the injured party to make them whole.

Quiz 5: Tort Law 1: Deliberate Harm