70.2K

Verified Solution

Link Copied!

Question 6 Which of the following is NOT an example of an invitation to treat? (2 marks) Select one alternative: O A car that is for sale in an auction prospectus O An advertisement for the sale of a car in a newspaper O A car on the forecourt of a garage O A car that has been paid for but not yet collected Reset M 7 Question 7 Which of the following is the part of a judgment which is NOT binding on future judges in similar cases but may be persuasive? (2 marks) Select one alternative: O Obiter Dicta O Res Ipsa Loquitur O Ratio Decidendi O Stare Decisis Reset Maximum marks: 2 Question 8 Which of the following is NOT part of the test for duty of care in a negligence claim as set out in the case of Caparo v Dickman? (2 marks) Select one alternative: O Was the harm caused reasonably foreseeable? O Was the claimant someone the defendant should have viewed as their neighbour? O Is it fair to impose a duty of care? O Was there sufficient proximity between the defendant and the claimant? Reset Maximur Question 9 Which of the following is the authority in a negligence case for stating that where a novus actus interveniens has occurred the defendant is only liable for the damages caused up to the break of causation? (2 marks) Select one alternative: O The Wagon Mound O McKew v Holland O Caparo v Dickman O Barnett v Chelsea Hospital annt Maximum marks: Question 10 Which of the following is NOT true in relation to exclusion clauses? (2 marks) Select one alternative: o They must be reasonable O They must be signed O They must be constructed correctly to cover the breach claimed O They must be incorporated into the contract Reset Maximum

Answer & Explanation Solved by verified expert

See Answer