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39 Cards in this Set
- Front
- Back
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Where there has been a breach of a duty of care the court will take into consideration |
The seriousness of harm |
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Which of the following is not an example of a potential act of delict |
Blackmail |
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Which of the following is true |
Delict can be both a criminal wrong and a civil wrong |
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When delict if individual suffering has special vulnerability = increased |
True |
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Which case established that secondary victims could only claim damages for delict if there is close love and affection |
Alcock and Others B chief Constable of South Yorkshire police |
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Which of the following was not established in bourhill V young |
Mr young had a personal relationship with mrs bourhill |
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2 friends one is accountant and gets asked for financial advise, other friend loses money from advice |
Not liable as not in a professional context |
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Not a valid defence against delict |
Strict liability |
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Accountant gave incorrect tax advice, can recover the fine via |
Law of delict |
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For vicarious liability to be successful it is required that |
The individual commuting the act must be an employee of the employer and must have been acting in the course of his/her employment |
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In Alcock and others v chief constable of the Yorkshire police a secondary victim does not have to prove |
A blood relationship with victim |
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When considering delict the court should take into account any emergency circumstances that existed at the time the act occured |
True |
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This does not need to be shown by a pursuer in order to succeed in an action for negligence |
That the damage is considered to be remote |
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Darcy drives and crashes, council left cone Tricia breaks leg on cone |
Council is liable |
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An employee breaches a duty of care and a loss is incurred by a member of public as a result.The employee was deemed to be acting within the scope of his employment |
The employer is vicariously liable for the negligent act of the employee |
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Which of the following is a definition of a contract of employment |
A contract of service, whether express or implied, and (if express) whether oral or in writing. |
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Which of the following is not a right of employment: |
The right to relocation expenses |
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Which of the following is not a duty owed by an employer to an employee |
to provide a written contract of employment |
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Tom, a paramedic, is driving down the Dundee High Street when he sees his mother struggling with two heavy shopping bags. He stops and offers her a lift home but, on the way there, he goes through an Amber traffic light and is involved in an accident. Tom's mother breaks both her legs in the accident and sues the Scottish Ambulance Service. Which of the following is correct |
The Scottish Ambulance Service is not liable because Tom was not acting in the course of his employment |
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Which of the following is not a duty owed by an employee to the employer |
to provide an up-to-date postal address |
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Which of the following best describes vicarious liability. |
An employer can be held liable for harm caused by an employee's negligent act. The negligent act must have been carried out within the scope of the employee's of employment. |
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Which of the following is not a test of employment |
The thin skull test |
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If you are an employee, which of the following is correct: |
You have greater protection and more benefits than if you were merely an independent contractor |
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Josh has recently been made redundant "with immediate effect" from a job that he has had for the past year. Although he has lost his contract of employment, he is fairly sure that he is entitled to a minimum period of notice. In accordance with the Employment Rights Act 1996, what is the minimum period of notice to which he is entitled? |
at least a week |
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Which of the following will impact on the capacity of a party to contract |
if s/he is intoxicated |
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Which of the following cases best describes an invitation to treat |
Harvey V Facey (1893) |
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Carlill V Carbolic Smokeball Co (1893) demonstrates which of the following principles |
A valid offer can be made to the world at large and acceptance of that offer does not need to be communicated to the individual who made the offer. |
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As far as damages are concerned, which of the following statements is true |
General damages are awarded when a reasonably foreseeable loss has been incurred which is a direct result of a breach in contract |
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Which of the following statements is true |
When the contracting parties have misunderstood the central obligations of the contract, there is no consensus in idem and the contract is invalid |
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Which of the following is the most acceptable definition of a contract |
A contract is a legally binding agreement between two or more parties |
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Which of the following statements is true about an offer |
An offer is not the same as an invitation to treat |
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There are various ways in which a contract will be deemed to be terminated; which of the following is not one of these |
consensus in idem |
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Which of the following is not an essential feature of an offer |
An offer must be timely |
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Which of the following statements best describes a unilateral promise (gratuitous obligation) |
An individual makes a promise and the beneficiary of the promise need do nothing in return |
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Which of the following is not an essential feature of a contract |
there must be a monetary amount (for example £'s) that is paid by one party to the other |
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Which of the following statements is true |
An offer can be cancelled at any time before it is accepted |
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Which of the following is not an illegal contract |
a contract for the sale of goods |
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Which of the following cases established that important contractual terms must be contained in a contractual document that all parties to the contract are aware of at the time the contract is formed. |
Taylor V Glasgow Corporation (1952) |
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Which of the following statements is not true |
Even if a counter-offer is made, the original offer may still be capable of acceptance |
