Question: 1The most authoritative High Court decisions on tort law in WA are to be found in hard copy in the:Western Australian Law Reports…

Question:1The most authoritative High Court decisions on tort law in WA are to be found in hard copy in the:

  1. a.Western Australian Law Reports
  2. b.Commonwealth Law Reports
  3. c.Australian Torts Reports
  4. d.Australian Law Reports

2Your best chance of taking successful legal action for economic loss, personal injury or property damage against a person with whom you have no previous connection, lies in:

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  1. a.tort law
  2. b.contract law
  3. c.equity
  4. d.family law

3In the event of conflict, the decision of this court prevails over the others in a WA tort case:

  1. a.the Federal Court of Australia
  2. b.the Supreme Court of Western Australia
  3. c.the High Court of Australia
  4. d.the District Court of Western Australia

4To succeed in an action for the tort of negligence, the requirement which must be fulfilled before any others is:

  1. a.a duty of care was owed by the person doing the damage to the person suffering it
  2. b.a duty of care was breached
  3. c.the negligent act caused the damage
  4. d.the person doing the damage broke the law

5In a tort action the court never decides that the defendant must:

  1. a.do or not do something under an injunction
  2. b.pay compensatory damages
  3. c.go to jail
  4. d.pay aggravated damages

6Only one of the following cases was not decided primarily under the law of torts: 

  1. a.Donoghue v Stevenson
  2. b.Sullivan v Moody
  3. c.Jaensch v Coffey
  4. d.Barker v R

7This term would apply in an action for tort:

  1. a.sued
  2. b.prosecuted
  3. c.convicted
  4. d.guilty

8A party never recovers damages in tort for:

  1. a.sorrow
  2. b.mental harm
  3. c.loss of earning capacity
  4. d.pain and suffering

9The person taking an action for tort is known as the:

  1. a.plaintiff
  2. b.defendant
  3. c.district attorney
  4. d.respondent

10Only one of the following cases involved tort law:

  1. a.Chapman v Hearse
  2. b.DPP v Briggs
  3. c.State of Western Australia v Rayney
  4. d.R v Ireland

11If you have suffered property damage, physical injury or economic loss, somebody else can be blamed for it under tort law and required to pay you money:

  1. a.always
  2. b.rarely
  3. c.never
  4. d.almost always

12In an action in tort law the court never decides that the defendant:

  1. a.must do or not do something under an injunction
  2. b.is guilty of an offence
  3. c.must pay aggravated damages
  4. d.must pay compensatory damages

13This is not substantially covered by the law of tort:

  1. a.trespass to land
  2. b.defamation
  3. c.breach of an agreement
  4. d.nuisance

14Cases in tort law are decided:

  1. a.by tossing a coin
  2. b.beyond reasonable doubt
  3. c.as if the judges were reasonable men
  4. d.on the balance of probabilities

15If an act which was covered by the tort of negligence took place in WA in 2001 (and proceedings were issued in due time), the courts would look first to this source of law:

  1. a.WA case-law
  2. b.the Australian Constitution
  3. c.the Civil Liability Act 2002 as amended (WA)
  4. d.the Defamation Act 2005 as amended (WA)

16In the report of the initial appeal against the decision of a lower court, the name appearing first in the case-name is always that of:

  1. a.the judge in the lower court
  2. b.the plaintiff
  3. c.the defendant
  4. d.one of the appellants

17The main purpose of tort proceedings is:

  1. a.punishment for breaking the law
  2. b.oppression of the poor by the rich
  3. c.maintenance of dainty modes of living
  4. d.compensation for injury or damage suffered

18The tort of negligence offers you the most appropriate legal action against one of the following persons who respectively:

  1. a.injured you in your house next to the road when his car left the road and crashed through your front wall.
  2. b.crossed your land repeatedly without your permission
  3. c.made incorrect and rude statements about you to other people 
  4. d.punched and broke your nose during a brawl outside a night-club

19Tort means one of the following:

  1. a.what string is when it is fully stretched
  2. b.a civil wrong arising other than from breach of contract
  3. c.deliberate infliction of pain
  4. d.what your teacher did to you at school

20This term would apply in relation to an act which could lead to liability for an action in tort:

  1. a.tortoise
  2. b.tortious
  3. c.tortous
  4. d.tortuous

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