PPL323 TMA

 

Q1 The ‘Wagon Mound Case’ establishes the doctrine of
Stare Decisis
Reasonable Forseeability
Negligence
Mutatis Mutandis

Q2 The ‘reasonable man’s test’ is a tool for determining whether
The Plantiff’s actions were reasonable
The defendant’s actions were reasonable
The Plantiff should have forseen the consequence of his actions
The Defendantshould have forseen the consequence of his actions

Q3 The principle of restriction of damages to loss as a direct result of the action is
A wider spectrum under which to hold the defendant liable for damage
Is an equivalent ground for conviction of the defendant and award of damages
A narrower spectrum under which to determine the defendants liability for damage
None of the Options

Q4 A defendant is reliable for all damages as a direct result of his tort
Whether or not the damage was forseeable
Only if the damage was forseeable
Only if the damage is a natural consequence of the defendants action
Whether or not the damage is a natural consequence of the defendants action

Q5 Indirect but consequencial loss is not actionable
true
false
Partially true
None of the Options

Q6 An extranous but concurrent cause of loss is a cause for award of damages. This statement is
true
false
Partially true
None of the Options

Q7 Remoteness is a factor in determining damages. This statement is
true
false
Partially true
None of the Options

Q8 There must be a causal link between the tort and the damage. This statement is
true
false
Partially true
None of the Options

Q9 Remoteness of damage and forseeability in practical terms are one and the same test. This statement is
true
false
Partially true
None of the Options

Q10 A Tortfeasor is only liable for reasonably forseeable damage. This statement is
true
false
Partially true
All of the options

Q11 The ‘but for’ test implies that
The action should have gone unpunished ‘but for’ the suit at hand
Damages would not have been given ‘but for’ the suit at hand
The tort would not have occurred ‘but for’ the plantiffs action
The tort would not have occurred ‘but for’ the defendant’s action

Q12 For libel to be established there must be a causal link between the statement and the resultant damage. This statement is
true
false
Partially true
None of the Options

Q13 Libel, Trespass to chattel, Trespass to land are all
Torts which assume damage
Torts that require serious action
Torts which require prompt action
Torts which are actionable per se

Q14 A tort which is actionable per se is
A tort requiring action
A tort which requires prompt action
A tort that is actionable upon commission
All of the options

Q15 The burden of proof for a Tort committed is established
On a balance of probabilities
By establishing the issue beyond reasonable doubt
Once a doubt is asserted
All of the options

Q16 Where a legal wrong is suffered without resultant loss the wronged party may
Sue for damages
May not sue for damages
May sue the defendant
Has an actionable right in Court

Q17 Trade Competition and Defamation within a privileged setting are
Types of damages
Damages without legal remedy
Actionable in law per se
Tortous damages

Q18 A damage in law may be regarded as
Resultant loss or Injury suffered
Economic loss suffered
Physical Injury suffered
All of the options

Q19 Where damage occurs without a legal wrong being committed, a plantiff can
Sue for damages
cannot sue for damages
Will succeed in a suit for damages
Will not succeed in a suit for damages

Q20 The offence of running a traffic light in Nigeria is
A tort is a civil wrong
A strict liability offence
Not actionable in Court
A crime

Q21 De Minimis Non Curat lex means
Lex does not deminimise
Curat is a means of Tort
Law does not concern itself with minimis
Law does not concern itself with frivolities

Q22 Non-directly traceable damages are not a ground for recovery in Tort
True
False
Partially true
None of the Options

Q23 In order for a Tort to have been commited the Plantiff must suffer damage as a result of the defendants action
true
false
Partially true
None of the Options

Q24 Liability in Tort is determined by
Crinality
Fault
Obstruction
All of the options

Q25 Orders in Concil, Directives, Precedents and Regulations are all
Stare decisis
Mutatis Mutandis
Delegated Legislation
None of the Options

Q26 Admisitrative Authority to make law is
A wrong process
Abuse of Office
Delegated Legislation
An exercise of wrongful authority

Q27 The following are all legislative laws: Acts, Decrees, Edicts, Byelaws
I II & III Only
II III IV
III & IV
I II III & IV

Q28 The legislative House of Assembly has the authority to amend the criminal law of a state. This statement is
True because the law is codified
false because the law is codified
True because of the legislative powers conferred on them
False, because of the legislative powers conferred on them

Q29 A Court of co-ordinate jurisdiction is the same as a Court of equivocal hierachy
true
false
Partially true
None of the Options

Q30 In Nigeria, Common Law and Equity overrides Statutory or Legislative Law this statement is
true
false
Partially true
None of the Options

Q31 The Apex Court of the land in deciding a tortous matter is
The Supreme Court
The Court of Appeal
The Customary Court of Appeal
The Federal High Court

Q32 Courts of equivocal hierachical jurisdiction are
Bound by Precedents
Not by precedent
Bound by the precedent of the lower Court
Bound by the precedent of the higher Courts only

Q33 The term ‘stare decisis’ means
Stare at the decision
Let the decision stand
Steer the decision of the Court in a particular direction
Take a hard stare at the law before taking any decision

Q34 Which of the following is a source of the law of Tort
Judicial Precedent
Common Law
Interpretation of Judges
All of the options

Q35 The term ‘mutatis mutandis’ in law means
Equal but separate
Separate and different
Necessary changes have been made
Necessary changes have not been made

Q36 Statutes made in England after January 1, 1900 are
Applicable in Nigeria
Not applicable in Nigeria
Applicable in Nigeria and England
All of the options

Q37 The Tort of entisement and habouring
Are actionable in England
Are actionable in Nigeria
Deny the matrimonial rights of parties
Can be relied upon to protect the rights of a party in a marriage

Q38 Vacarious Liability, Deceipt, Passing off, Conspiracy, Intimidation and Kidnap are all
Criminal Offences
Offences against a person
Tortous Offences
Offences against the State

Q39 Defamation and Slander can be said to be
Criminal Offences
Offences against a person
Tortous Offences
All of the options

Q40 A procecution is termed ‘Malicious procecution’ because
It is a waste of the Courts time
It is vexatious to the defendant
It is an interferance with the judicial process
It should be thrown out of Court

Q41 A simultaenous breach of contract and a tort are
Actionable per se in a court of law
Actionable in a court of law at different instances
Must be filled seperately in a Court of law
A breach of contract cannot simultaenously constitute a tort

Q42 Assult is a
Tort
Crime
Tort and Crime
None of the Options

Q43 The law of Tort in Nigeria remains a creation of Judicial precedence modified by statute, This statement is
true
false
A distinguishing factor of the law of tort from criminal law
A distinguishing factor of the Nigerian law from the English law.

Q44 The criminal matter is the concern of the state so to say, while a civil matter is the concern of the aggrieved. This statement in relation to the law of tort is
true
false
Partially true
None of the Options

Q45 The rule of Smyth v Selwyn was abolished in Nigeria because
It complies with the Nigerian Constitution and the Criminal Code
It complies with the Criminal Code and Interpretation Act
It is contrary to the Nigerian Constitution
It is contrary to all Nigerian Laws

Q46 The rule of Smyth v Selwyn makes provision for
Simultaenous procecution of a Tort and Crime
Procecution of a crime to the exclusion of a tort
Procecution of a tort to the exclusion of a crime
Procecution of a crime in advance of a tort

Q47 Can a Tort constitute a crime
Yes
No
Only if it is not a tort
The criminal aspect of any tort negates the civil aspect

Q48 The law of tort is exclusively a mechanism for restoration of loss suffered this statement is
true
false
Partially true
None of the Options

Q49 The law of Tort protects all of these i. chattel ii. Landed property iii. Personal intergrity iv. Liberty
I ii and iii only
ii iii and iv only
iii and iv only
I ii iii and iv

Q50 The law of Tort is an avenue for
righting wrongs
provision of compensation and restitution
compensating for injury and loss
None of the Options

Q51 Which of the following civil remedies can Chike claim against Bad bele in a civil wrong action
Imprisonment
Fine
Damages
Forefeiture

Q52 Chike is a musician and a very popular celebrity. He has a huge fan base and has attracted sponsorship from big brands like coca cola and google. One day his friend, Bad bele posts on his blog that Chike dosent actually sing his songs but it is Bad bele that sings and creates Chike’s music. This is untrue. This leads to Coca Cola dropping Chike from their brand and suing him for damage to their brand. From the following scenario Chike can be said to have suffered all but one of the following civil wrongs:
libel
slander
occupiers liability
malicious falsehood

Q53 The latin maxim ‘Damnum Sine Injuria’ means:
Damage without a legal wrong
legal wrong without damage
damage leading to tortious liability and legal remedy
civil wrong with damages

Q54 Sources of Legislations and statutes include all of the following except
Acts
Laws
Decided cases
Decrees

Q55 The doctrine of Stare Decisis means:
Case law formed by earlier decided cases
Relevant case law on civil wrongs
case law concerning both crimes and tort
case law concerning negligence only

Q56 One of the folowing is a civil wrong against a person’s property
libel
vicarious liability
slander
trespass

Q57 Torts can generally be classified into one of the following categories
Torts against negligence
Torts against minors
Torts against vocational interests
Torts against economic interests

Q58 The following are differences between a crime and a tort except:
In a tort the Plaintiff proves his case based on a balance of probabilities, while a crime must be proved beyond reasonable doubt
A tort is a civil wrong against a property while a crime is a civil wrong against a person
Criminal law in Nigeria has been codified while the law of tort remains largely uncodified
A tort is civil wrong and gives rise to civil proceedings while crime gives rise to criminal proceedings

Q59 The rule of Smyth v Selwyn states that:
A tort is a civil wrong
A tort may be remeded by unliquidated damages only
Where a wrong is both a tort and crime, the crime must be prosecuted before the civil wrong
An injunction is another remedy for tort

Q60 The definition of the law of Tort consists of all of the following except
A crime against the state
Breach of a duty fixed by law
Breach of a duty remedy
None of the Options

Q61 Tessy and Ige go to window shop for an engagement ring. Ige is a socialist and is dressed in Jeans and a fairly old T shirt. However he loves Tessy so much and has made up his mind that her ring is the one thing he will spare no expense on. The shop attendant watches them closely as they admire and price rings valued from two hundred and fifty thousand to three million naira. She becomes suspicious as they certainly do not look like they can afford it. Just before they leave she deliberately presses the theft alarm and they have to be detained and searched in the shop. An apology is rendered when it discovered nothing is missing and they leave embarrassed but not aware of the shop attendants actions. Aploko who has been watching all along runs out and reports the actions to Tessy. Tessy is livid and sues the shop for false imprisonment. Is she likely to succeed
YES
NO
APLOKO SHOULD MIND HER BUSINESS
THE SHOP ATTENDANT WAS ACTING IN THE SHOP’S BEST INTEREST

Q62 Can the Tort of false imprisonment be committed against a child
YES
NO
A CHILD HAS NO SUCH RIGHTS IN LAW
ONLY IF THE CHILD IS BLAMELESS

Q63 Mama G takes Taiye to the shops. He spots a spiderman bag and begs her to purchase it for him. She dosen’t have enough money and tries to explain to him. He creates a terrible scene. In her frustration and embarassment she slaps him hard and drags him screaming from the shop. If Taiye slaps Mama G’s back what defence in law is he likely to have
JUSTIFICATION
REFLEX ACTION
HONEST MISTAKE
SELF DEFENCE

Q64 Mama G takes Taiye to the shops. He spots a spiderman bag and begs her to purchase it for him. She dosen’t have enough money and tries to explain to him. He creates a terrible scene. In her frustration and embarassment she slaps him hard and drags him screaming from the shop. If Taiye slaps Mama G’s back does he have a defence in law
YES
NO
ONLY A PARTIAL DEFENCE
TAIYE IS AN ADULT AND SHOULD KNOW BETTER

Q65 Mama G takes Taiye to the shops. He spots a spiderman bag and begs her to purchase it for him. She dosen’t have enough money and tries to explain to him. He creates a terrible scene. In her frustration and embarassment she slaps him hard and drags him screaming from the shop. Which of these Torts if any has been committed if Taiye was Mama G’s friend
NONE
ASSULT
FALSE IMPRISONMENT
BATTERY

Q66 Mama G takes her son Taiye to the shops. He spots a spiderman toy and begs her to purchase it for him. She dosen’t have enough money and tries to pacify him. He throws a terrible tantrum. In her frustration and embarassment she slaps him hard and drags him screaming from the shop. Which of these Torts if any has been committed
NONE
ASSULT
FALSE IMPRISONMENT
BATTERY

Q67 The following is a defence to trespass to chattel
BETTER RIGHT OF A THIRD PARTY
CONVERSION
ACCIDENT
ALL OF THE OPTIONS

Q68 Max’s bull ‘Panico’ excapes from his barn. James who is easily frightened barricades himself in his barn to protect himself. The bull camps outside the barn for two hours trapping James and preventing his escape. When James is finally rescued Janet and Saratu laugh him to scorn for his perceived cowardice. He angrily sues Max for false imprisonment. Is he likely to succeed. Luckily James notices a small window.
YES
NO
PARTIALLY
ONLY IF MAX JOINS IN RIDICULING HIM

Q69 Max’s bull ‘Panico’ excapes from his barn. James who is easily frightened barricades himself in his barn to protect himself. The bull camps outside the barn for two hours trapping James and preventing his escape. Luckily James notices a small window. In a bid to force himself through it and secure his escape he scrapes and injures his elbow badly, which of the following torts have occurred if any
DETINUE
CONVERSION
BATTERY
NONE OF THE OPTIONS

Q70 Max’s bull ‘Panico’ excapes from his barn. James who is easily frightened barricades himself in his barn to protect himself. The bull camps outside the barn for two hours trapping James and preventing his escape. Which of the following Torts has occurred
MAX IS GUILTY OF FALSE IMPRISONMENT
THE BULL IS GUILTY OF ASSULT
MAX IS GUILTY OF BATTERY
NONE OF THE OPTIONS

Q71 Hajo an army sergent slaps Baba a LASTMA official for taking a one way street during a traffic gridlock. Would it make any difference in respect of an offence commited if any that Baba was off duty and in mufty
YES
NO
PARTIALLY TRUE
ONLY IF THE LASTMA OFFICIAL DID NOT BREAK THE LAW

Q72 Hajo an army sergent slaps Baba a LASTMA official for taking a one way street during a traffic gridlock. Baba’s wife sues Hajo for assult is she likely to be successful
YES
NO
HE IS ACTING IN HIS OFFICIAL CAPACITY
THE LASTMA OFFICIAL SHOULD NOT BREAK THE LAW

Q73 Hajo an army sergent slaps Baba a LASTMA official for taking a one way street during a traffic gridlock. Is he guilty of any offence
YES
NO
HE IS ACTING IN HIS OFFICIAL CAPACITY
THE LASTMA OFFICIAL SHOULD NOT BREAK THE LAW

Q74 The Tort of Detinue can only be committed on, I A person, II Chattel, III Goods
I and II
I II and III
II and III
ALL OF THE OPTIONS

Q75 A person can institute a claim for conversion and detinue in a single action
TRUE
FALSE
THIS IS IN BREACH OF THE CONSTITUTION
THIS IS IN BREACH OF COURT PROCEEDINGS

Q76 Defences to trespass to chattel include, I repair, ii replacement iii damages iv restoration
I and II
I II and III
II and III
I and IV

Q77 The following persons may not sue for trespass to chattel
SOMEONE WHO HAS COME INTO POSSESSION OF THE CHATTEL BY LOAN
A TRUSTEE OF THE CHATTEL
A RELATION OF THE RIGHTFUL OWNER BEFORE WHOM THE TRESPASS OCCURS
ALL OF THE OPTIONS

Q78 In order for trespass to chattel to be established the owner must
THE OWNER MUST BE DEPRIVED OF THE CHATTEL
THE OWNER MUST BE DISPOSSED OF THE CHATTEL
THE CHATTEL MUST BE DEPLOYED FOR THE WRONG PURPOSE
THERE MUST BE UNAUTHORISED INTERFERENCE WITH THE CHATTEL

Q79 The Tort of trespass to chattel is designed to promote
RIGHT OF RETENTION OF THE CHATTEL BY THE OWNER
RETENTION OF THE PHYSICAL CONDITION OF THE CHATTEL
PROTECTION OF THE CHATTEL AGAINST LAWFUL OR UNLAWFUL INTERFERANCE
NONE OF THE OPTIONS

Q80 Trespass to Chattel is indirect and unlawful interference with the chattel to the detriment of its owner. This statement is
TRUE
FALSE
PARTIALLY TRUE
NONE OF THE OPTIONS

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