Question Tag: Negligence
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+ past questions and counting.
- 1 Marks
BL – May 2012 – L1 – SA – Q2 – Law of Tort
Identify which tort requires no proof of harm.
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- Tags: Battery, Business Law, Negligence, Nuisance, Tort Law
- Level: Level 1
- Topic: Law of Tort
- Series: MAY 2012
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- 5 Marks
BL – May 2013 – L1 – SB – Q1B – Law of Tort
Define the tort of negligence and state the three prerequisites for establishing negligence.
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- Tags: Negligence, Prerequisites of Negligence, Tort Law
- Level: Level 1
- Topic: Law of Tort
- Series: MAY 2013
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- 8 Marks
BL – Nov 2015 – L2 – SB – Q4a – Law of Tort
Define negligence in tort law and outline the elements a plaintiff must establish to succeed in an action for negligence.
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- Tags: Breach of Duty, Causation, Civil Wrongs, Duty of Care, Negligence, Tort Law
- Level: Level 1
- Topic: Law of Tort
- Series: NOV 2015
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- 1 Marks
BL – Nov 2013 – L1 – SA – Q3 – Law of Tort
Explains the meaning of the legal maxim "Res Ipsa Loquitur."
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- Tags: Legal Maxims, Negligence, Short Answer, Tort Law
- Level: Level 1
- Topic: Law of Tort
- Series: NOV 2013
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- 6 Marks
BL – Nov 2014 – L1 – SB – Q1c – Law of Tort
Explain vicarious liability with examples and assess the liability of an employer when an employee deviates from instructions and causes injury.
Question
i. Vicarious liability is an aspect of the law of torts.
Explain vicarious liability briefly, and give TWO examples of a situation in which it occurs.
(4 Marks)
ii. ‘X’ employed ‘Y’ as a driver and asked ‘Y’ to take a parcel to X’s head office. ‘Y’ decided to visit a friend who lives five kilometres away from the route to X’s office. On his way, ‘Y’ knocked down ‘A’ and injured him. ‘A’ wants to sue ‘X’.
Required:
Can ‘A’ successfully sue ‘X’? State your reasons.
(6 Marks)
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- Tags: Employment, Law of Tort, Negligence, Vicarious Liability
- Level: Level 1
- Topic: Law of Tort
- Series: NOV 2014
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- 6 Marks
BL – Nov 2022 – L1 – SB – Q2b – Law of Tort
Providing legal advice on vicarious liability in an accident caused by a petrol station employee.
Question
Dodo was employed as a fuel-pump attendant in a petrol station. During a period of heavy patronage, the petrol station premises were blocked by vehicles, and Dodo decided to re-park a customer’s car that was obstructing traffic. In the process, Dodo rammed into another customer’s car, causing severe damage to both cars.
The owners of both cars intend to sue the petrol station owner for repair of their damaged cars and have asked for your advice.
Required:
Advise them, stating the legal issues involved.
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- 6 Marks
BL – May 2021 – L1 – SB – Q4c – Law of Tort
Definition of negligence and the key elements required for a successful claim.
Question
Negligence is a tort that professional accountants must guard against in their relationship with their clients.
Required:
Define negligence and state the THREE elements that a litigant must prove to succeed in an action for negligence.
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- 5 Marks
BL – Nov 2023 – L1 – SB – Q3a – Law of Torts
Explains key principles in the law of torts, including negligence, remoteness of damage, and causation.
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- Tags: Causation, Legal Remedies, Negligence, Remoteness of Damage, Tort Law
- Level: Level 1
- Topic: Law of Tort
- Series: NOV 2023
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- 4 Marks
BL – May 2023 – L1 – SB – Q4C – Law of Tort
Explain the concept of negligence and its essential elements under tort law.
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- Tags: Legal Principles, Liability, Negligence, Tort Law
- Level: Level 1
- Topic: Law of Tort
- Series: MAY 2023
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- 1 Marks
BL – May 2017 – L1 – SA – Q13 – Law of Tort
Identifying a necessary element for a claim to be grounded in negligence.
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- Tags: Elements of Negligence, Legal Responsibility, Negligence, Tort Law
- Level: Level 1
- Topic: Law of Tort
- Series: MAY 2017
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- 1 Marks
BL – MarJul 2020 – L1 – SA – Q13 – Law of Tort
Question testing the understanding of contributory negligence in tort law.
Question
The negligence of a person who is also an accomplice and accountable for the injury suffered by him is classified as
A. Consolatory negligence
B. Contributory negligence
C. Concealatory negligence
D. Concurrent negligence
E. Compensatory negligence
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- Tags: Contributory Negligence, Legal Responsibility, Negligence, Tort Law
- Level: Level 1
- Topic: Law of Tort
- Series: MAR/JULY 2020
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- 10 Marks
AA – Mar 2024 – L2 – Q2b – Audit and Assurance Risk Environment
Discuss audit risks and the necessary measures auditors should take to mitigate issues in the engagement.
Question
Abansro Corporation is a publicly traded company in the manufacturing industry. The company is yet to appoint an auditor to replace its previous auditor. A member of the board of Abansro Corporation, who is also a friend of the owners of an audit firm, referred the audit firm to Abansro Corporation. The board approved the appointment of the audit firm without considering the potential audit risks associated with the referral.
The audit firm conducted the audit for the year 2022, and the audit opinion issued was unqualified. However, in the course of 2023, it was discovered that there were material misstatements in the financial statements that were not detected by the audit firm. These misstatements resulted in a significant loss for the company and its shareholders.
As a result, Abansro Corporation faced legal action from its shareholders for the losses incurred due to the misstatements. The audit firm was also held liable for negligence and breach of professional duty.
Required:
i) Describe THREE (3) audit risks for a board member referring his friend who is the owner of an audit firm to be appointed by Abansro Corporation. (6 marks)
ii) What measures should have been undertaken by the Auditors to mitigate the issues associated with this engagement? (4 marks)
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- Tags: Audit Risk, Auditor Independence, Negligence, Professional Duty
- Level: Level 2
- Topic: Audit and Assurance Risk Environment
- Series: MAR 2024
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- 10 Marks
BCL – Apr 2022 – L1 – Q3a – Tort
Analyze vicarious liability in a case where an employee used a company vehicle without permission, resulting in an accident and injury.
Question
a) Kojo Adams was employed by Zinto Breweries Ltd to drive the company’s van. Without permission, Kojo Adams took the van from his employer’s garage in order to deliver a child’s coffin at the home of a relative. While he was returning the van to the garage, he picked up some empty beer barrels, and was afterwards involved in an accident which injured one Kosaa. Kosaa took legal action in court against Kojo Adam’s and Zinto Breweries Ltd.
Required:
i) Identify TWO (2) issues that arise from this case.
(4 marks)
ii) Explain the chances of Kosaa in her action against Zinto Breweries Ltd.
(4 marks)
iii) Advise Kojo Adams.
(2 marks)
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- 8 Marks
BCL – Nov 2020 – L1 – Q4a – Tort
Explain the chances of success in a legal action under the Rule in Rylands v Fletcher.
Question
Osrodo Leather Co. Ltd used a solvent in their tanning business. The solvent escaped from beneath the works and eventually filtered into the water supply, polluting Adade Water Co. Ltd’s dam. Adade Water Co. Ltd was forced to abandon the dam to develop new water supplies. Consequently, Adade Water Co. Ltd took legal action against Osrodo Leather Co. Ltd.
Required:
Briefly explain the chances of Adade Water Co. Ltd, in the light of the Rule in Rylands Vrs Fletcher. (8 marks)
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- 10 Marks
BCL – May 2020 – L2 – Q1c – Tort
Discuss whether an employee can claim damages for an injury caused by slipping at the workplace.
Question
Following flood damage as a result of three (3) continuous days of rainfall, the Management of Adusa Confectionery Ltd, carefully sprinkled sawdust over the factory floor to prevent employees’ slippage until the floor could be properly cleared. A small patch remained uncovered and Mary Ansah, a pregnant employee, slipped and got injured. She sued the company.
Required:
Explain whether the employee can claim any damages against the management of Adusa Confectionery Ltd.
(10 marks)
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- Tags: Employer Liability, Labor Act 2003, Negligence, Risk of Injury, Safe Working Conditions
- Level: Level 1
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- 6 Marks
BCL – May 2018 – L1 – Q2c – Tort
Explain the possible liability of a company and its employee in a negligence case.
Question
c) Bizee Company Limited is a wholesaler storing large quantities of goods in the port city of Takoradi. Kofi Gee, an employee of the company, is a well-trained and skilled driver in a specialty truck. As part of the company’s routine retraining, the need for Kofi Gee to take time, drive the truck carefully and safely, taking into consideration always people on the premises, was over-emphasized. One day, in a hurry to complete the day’s scheduled duty, Kofi Gee drove back the truck so quickly through the partition of the client part of the wholesale department. Two clients on the sales section of the company at the time were injured.
The Board of Directors of the company foresaw the potential consequence to compensate the injured. At their meeting, therefore, you were consulted for your idea on the compensation.
Required:
Explain to the Board the possible liability of the company and Kofi Gee to the two injured clients.
(6 marks)
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