PPL324 TMA

 

Q1 For injurous false hood to be established the following elements must be present
Communicated Lies
Intent to damage a business
Damage to the business
All of the Options

Q2 A large percentage of the students in Albright don??t really care about the source as long as the meat tastes delicious, does this have any legal effect on Hassan’s possible culpability
yes
no
Not entirely
None of the Options

Q3 Hassan has heard the parable that where two elephants fight, the grass suffers, he believes this is a good opportunity to offer the students an alternative undisturbed spot where they can enjoy their suya in peace. He begins spreading calculated rumors that Habibu and Sotonye are selling ‘volture meat’ His actions may amount to
Witchcraft
Calculated wickedness
Injurous Falsehood
All of the Options

Q4 Do the actions of Jeremiah and Ustaz amount to injurous falsehood
yes
no
Not entirely
None of the Options

Q5 Does Habibu and Sotonye’s action amount to a conspiracy
yes
no
Not entirely
None of the Options

Q6 Habibu and Sotonye are deeply enraged they come together and plan to beat up Jeremiah and Ustaz. Apos a law student persuades them to stand down and for a handsome fee assures them that they have the option of applying for a legal remedy. What remedies can they apply for
An interim injunction
An interlocutory injunction
A perpetual injunction
All of the Options

Q7 Jeremaiah and his friend Ustaz are concerned that the students have gone astray and no longer study at night but spend all their time at this new and ‘paganish suya spots’. They hire microphones and position themselves near the shops preaching and asking students to repent and return to their studies what economic tort if if any are they guilty of, if Habibu and Sotonye can demostrate loss to their business as a result of their actions
Conspiracy
Obstruction of business
Passing Off
Injurous Falsehood

Q8 Jeremaiah and his friend Ustaz are concerned that the students have gone astray and no longer study at night but spend all their time at this new and ‘paganish suya spots’. They hire microphones and position themselves near the shops preaching and asking students to repent and return to their studies are they guilty of any economic tort
yes
no
Not entirely
None of the Options

Q9 Customers including Jenniffer start flocking to Sotonye and Adeze’s spot as it turns out to be the ‘cool’ place to be seen since all the guys hang out there. What defence will they have to a suit of conspiracy
true
false
Unsure
All of the Options

Q10 In reality injurous falsehood and defamation are one and the same claim just applied differently. This statement is
true
false
Unsure
None of the Options

Q11 Sotonye knows his girlfriend is very attractive and they both feel that two attractive females serving suya to customers will ‘out do’ Habibu’s business any day. They proceed to hire Hawa and she and Adeze serve the customers whilst Sotonye prepares the suya. Are they guilty of conspiracy
yes
no
Not entirely
None of the Options

Q12 Jeniffer loves Suya, she joins Albright Academy to prepare for her A’levels much to her dismay she discovers there’s no ‘suya’ spot at ‘Albright Academy’. She immediately informs Ibrahim her boyfriend who has vowed to do anything to please her. Ibrahim has connections with some Suya merchants and promises to get them to begin business immediately as he cannot bear the thought of her walking ‘far’ in search of suya. Dele overhears their conversation and rushes off to inform his friend Habibu who incidentally is looking for a good place to set up a suya shop. Habibu is also affulent and well connected and immediately rushes to open a suya shop next to Jeniffers hostel. Ibrahim’s friend Sotonye and his pretty girlfriend Adaeze open shop right next to Habibu the following day. Habibu sues for conspiracy to damage his business. Is there a legal defence they can avail themselves of
yes
No
Not entirely
None of the Options

Q13 Jeniffer loves Suya, she joins Albright Academy to prepare for her A’levels. Much to her dismay she discovers there’s no ‘suya’ spot at ‘Albright Academy’. She immediately informs Ibrahim her boyfriend who has vowed to do anything to please her. Ibrahim has connections with some Suya merchants and promises to get them to begin business immediately as he cannot bear the thought of her walking ‘far’ in search of suya. Dele overhears their conversation and rushes off to inform his friend Habibu who incidentally is looking for a good place to set up a suya shop. Habibu is also affulent and well connected and immediately rushes to open a suya shop next to Jeniffers hostel. Dele’s actions can be said to amount to
An economic tort
Conspiracy to defraud
Interferance with business
None of the Options

Q14 Seliat is determined to use Lekan’s business centre and heads towards the business centre accompanied by a group of friends and undeterred. A scuffle ensues between Segun and Seliat. Uknown to Segun Seliat is a member of the Armed Forces military combatant female unit. She gives him a memorable beating. Segun is ashamed and feels his reputation as an effective hoodlum has been badly and irreversibly damaged as Seliats friends rapidly inform the whole school of his ‘mishap’. Still deperate to recover something for his irrevocably damaged image, and future earnings he sues Ayo and Bose for false misrepresentation of his assignment and vicarious liability is he likely to suceed?
yes
no
Not entirely
He can recover for false misrepresentation if they were aware Seliat was coming and she is a soldier

Q15 Seliat is determined to use Lekan’s business centre and heads towards the business centre accompanied by a group of friends and undeterred. A scuffle ensues between Segun and Seliat. Uknown to Segun Seliat is a member of the Armed Forces military combatant female unit. She gives him a memorable beating. Segun is ashamed and feels his reputation as an effective hoodlum has been badly and irreversibly damaged as Seliats friends rapidly inform the whole school of his ‘mishap’. He can successfully bring an action for
Defamation
Injurous Falsehood
Interferance with business
None of the Options

Q16 Seliat is determined to use Lekan’s business centre and head towards the business centre accompanied by a group of friends and undeterred. A scuffle ensues between Segun and Seliat. Uknown to Segun Seliat is a member of the Armed Forces military combatant female unit. She gives him a memorable beating. Segun is ashamed and feels his reputation as an effective hoodlum has been badly and irreversibly damaged as Seliats friends rapidly inform the whole school of his ‘mishap’. He can sucessfully bring an action for
Libel
Slander
tortous beating
None of the Options

Q17 Ayo and Bose hate Lekan because they feel that if not for his sustained and unwelcomed advances towards Bose’s sister Khadejat she would have been dating Biodun who is within their social class. Lekan has started running a business centre to augment his income in school and take better care of Khadejat. Ayo and Bose hire Segun a well known hoodlum to threaten customers who approach Lekan’s business centre. Owing to the fact that another set of hoodlums invade the premises on the opening night, word goes out that the business centre is a no-go area. Ayo and Bose are guilty of
Conspiracy
Passing off
Interferance with business
None of the Options

Q18 Ayo and Bose hate Lekan because they feel that if not for his sustained and unwelcomed advances towards Bose’s sister Khadejat she would have been dating Biodun who is within their social class. Lekan has started running a business centre to augment his income in school and take better care of Khadejat. Ayo and Bose hire Segun a well known hoodlum to threaten customers who approach Lekan’s business centre. Their actions amount to
Conspiracy
Passing off
Interferance with business
Injurous Falsehood

Q19 Ayo and Bose hate Lekan because they feel that if not for his sustained and unwelcomed advances towards Bose’s sister Khadejat she would have been dating Biodun who is within their social class. Lekan has started running a business centre to augment his income in school and so he can take better care of Khadejat. Ayo and Bose meet at a bar and discuss how to sabotage Lekan’s business. Jumai, Lekan’s former girlfriend overhears them and is delighted that Lekan would soon be ruined. This amounts to
Interferance with Lekan’s business
Defamation of Lekan’s character
Injurous Falsehood
None of the Options

Q20 Ayo and Bose hate Lekan because they feel that if not for his sustained and unwelcomed advances towards Bose’s sister Khadejat she would have been dating Biodun who is within their social class. Lekan has started running a business centre to augment his income in school and to take better care of Khadejat. Ayo and Bose meet at a bar and discuss how to sabotage Lekan’s business. Their action amounts to
Conspiracy
Passing off
Interferance with business
None of the Options

Q21 In Nigeria, only questions of law are decided by the Judge
true
false
Unsure
None of the Options

Q22 A fact is the existence of a tangible or intangible thing or occurrence which can be relayed to support a declaration or claim at another time
true
false
Unsure
None of the Options

Q23 In order to succeed in the tort of deceit generally, the plaintiff must show that:
The defendant made a representation of fact by words or conduct.
The defendant intended that the representation be acted upon by the plaintiff or by a class of persons including the plaintiff.
The plaintiff did act upon the representation and suffered damage.
All of the Options

Q24 False representation of facts is one of the cardinal points in the study of deceit.
true
false
Unsure
None of the Options

Q25 One of the following is a complete defence to an action for libel
It was unintentional
Fair comment
Justification/truth
None of the Options

Q26 There are how many types of inneudo
2
3
4
6

Q27 The plaintiff in a defamation action must establish three out of the following
That the words were defamatory.
That the words referred to the plaintiff.
That the plaintiff finds the words insulting
That the words were published (to at least one person other than the plaintiff).

Q28 The plaintiff may recover compensation only for those consequences of the defamatory statement which were foreseeable
true
false
Unsure
None of the Options

Q29 As a general principle of tort, the damages complained of as a result of a defamatory statement must not be too remote
true
false
Unsure
None of the Options

Q30 Where a vulgar abuse alleges a specific act or wrongdoing, or accuses that the plaintiff committed a specific crime, then the statement will not be regarded as a mere slander, as the statement may lead to the plaintiff being shunned by the public or arrested by the police. The court will hold such vulgar abuse as defamatory whether or not it was said in an atmosphere of jokes or in the heat of anger
true
false
Unsure
None of the Options

Q31 As a general rule, mere vulgar abuse or insult is not slander
true
false
Unsure
None of the Options

Q32 Libel is actionable per se, slander is not actionable per se except in certain cases but one
Alleging the commission of a crime punishable by imprisonment or corporal punishment
Alleging that a person is suffering from a contagious or infectious disease, which renders the sufferer liable to be ostracized from society.
Alleging that a person is unfit for any office, profession, trade, calling or business held or being carried on by the person
None of the Options

Q33 A statement made in a transitory form and not in a permanent form, most often through the medium of spoken words or gesture, is what?
Libel
Slander
Deceit
Unsure

Q34 A libel is a defamatory statement made in visible permanent form such as written or printed statement. For example, books, newspapers, notes, circular, painting, photograph, films, letters and memoranda.
true
false
unsure
None of the Options

Q35 In essence, for a tort of defamation to pass the standard acceptable to all, the statement must be false and capable of damaging the reputation of another person in the estimation of a reasonable or right thinking member of the society
true
false
unsure
None of the Options

Q36 The person or organ of state that determines that standard of right thinking members of society is.
The court of law
The Court of Appeal
The court of public opinion
The media

Q37 A person can recover damages for the loss of reputation he does not have.
true
false
Unsure
None of the Options

Q38 The law of defamation is designed to protect, compensate and remedy any injury done to the good name, reputation, office of the person who has suffered as a result.
true
false
Unsure
None of the Options

Q39 The torts of defamation can be in written or published form only.
true
false
Unsure
None of the Options

Q40 The tort of defamation is concerned with intentional or unintentional damage to the reputation of a physical or a corporate person caused by injurious declaration or publication
true
false
Unsure
None of the Options

Q41 Disobedience of express orders of the master takes a servant outside the course of his employment to enable a master evade liability.
True
False
Unsure
None of the Options

Q42 A master escapes liability by forbidding the servant from doing wrongful act
True
False
Unsure
None of the Options

Q43 The rule is that a master or employer is liable where a servant or employee commits a tort, due to an improper, wrongful, forbidden or negligent way of performing an act that is within the scope of his employment.
True
False
Unsure
None of the Options

Q44 It is a general rule of law that a master is liable for the act done by a servant while exercising his master?s express or implied authority in the course of his work.
True
False
Unsure
None of the Options

Q45 A master will not be vicariously liable for the tort of the servant if it is not proved that the tort was committed within the course of his performing his job or duty
True
False
Unsure
None of the Options

Q46 The following statements are true except one
all principals are masters
all principals are not necessarily masters
All masters are principals
A master is a specie of a principal

Q47 Professional persons usually allow unnecessary imposition, interruption and interference with their professional discretion in carrying out work for their employers.
True
False
Unsure
None of the Options

Q48 Generally, a servant may be described as a person who works under direct supervision and control of another person for wages in kind or in cash.
True
False
Unsure
None of the Options

Q49 The liability of the master will be maintained even where the master has specifically prohibited the servant from carrying out or doing some certain things
True
False
Unsure
None of the Options

Q50 The remedies of employer against an employee include the following except
Disciplnary action
deduct whatever liability to a third party as a result of the servant’s tort from the emoluments of the servant
Suspension from work
Detention of the servant

Q51 The master will not be liable for the actions of an employee or servant who goes outside or beyond the express or implied place or course of his duty to engage in any of the following
For his own benefit
For the benefit of a third party is on a business of his own or he is on a frolic of his own
A only
A and B

Q52 In deciding the question whether an act was committed in the course of employment, a court considers a number of relevant factors excluding one of the following
The express and implied authority of the servant
The manner of doing the work the servant is employed to do.
The authorized limit of time and place
The intention of the servant

Q53 For the master to be vicariously liable the servant must have been found to be originally liable in his conduct complained against.
True
False
Unsure
None of the Options

Q54 For the servant to commit a tort for the master to be liable, the plaintiff must prove the commission of the tort by the servant
True
False
Unsure
None of the Options

Q55 The master can be liable for the servant’s service in a number of ways
COMMISSION OF A TORT BY THE SERVANT
COMMISSION OF A CRIME BY THE SERVANT
COMMISSION OF A TORT AFTER EMPLOYMENT
All options are correct

Q56 Choose the correct option
All masters are principals, but all principals are not necessarily masters.
A principal becomes a master only if his control of his agent’s physical conduct is sufficient
A only
A and B

Q57 A master is one who has authority over another’s service. A master is a specie of a principal.
True
False
Unsure
None of the Options

Q58 A servant is a person in a contractual relationship with a master where the master usually controls the work to be done and the way the work is to be done
True
False
Unsure
None of the Options

Q59 Vicarious liability is a liability of a subordinate (a servant) for the conduct of a superior (a master)
True
False
Unsure
None of the Options

Q60 Vicarious liability is the liability of one person for the conduct of another person because they stand in particular relationship to one another
True
False
Unsure
None of the Options

Q61 “In certain cases damage is strict and therefore needs no proof.” Kindly identify the correct answer from the options
Where the facts are overwhelming
Where the defendant interferes with an easement or right of way and access of the plaintiff
A & B
B only

Q62 Nuisance is not actionable per se
True
False
Unsure
None of the Options

Q63 The following persons can be sued for the tort of nuisance excluding
Landlord
The creator of the nuisance
Licensee
Occupier

Q64 In deciding whether the defendant’s conduct is reasonable or not, the court will look at a number of criteria which include the following excluding.
The locality
The plaintiff’s abnormal sensitivity on his property.
The duration of the harm or injury.
The age of the plaintiff

Q65 The injury or interference complained of will be considered by a court in the following one or a combination of factors except.
Whether there is physical injury or sensible material damage
Unreasonableness of the conduct of the defendant.
The malice or motive of the defendant.
Contributory negligence

Q66 A private nuisance is the use of a person or his land or property unreasonably to the detriment of the people in the environment surrounding his land or property
True
False
Unsure
None of the Options

Q67 The main difference between public and private nuisance are
To succeed in private nuisance, the plaintiff must have interest in land
Damages for personal injuries can be recovered in public nuisance
A & B
A only

Q68 Any party whether or not he/she is materially inconvenienced by actions may complain of such actions as a nuisance
True
False
Unsure
None of the Options

Q69 The Defendant can rely on any of the following defences in a claim under the rule in Ryland v. Fletcher.
Act of God
Fault of the plaintiff
A & B
A only

Q70 The difference between Nuisance and The Rule in RYLANDS V. FLETCHER include the following, except.
Rylands v. Fletcher liability is confined to the accumulation of physical objects which can escape and cause damage to the plaintiff while nuisance is an interference with someone’s enjoyment of his property caused by intangible things.
In Rylands v. Fletcher, there must be accumulation of things which are physical in nature such as plants, liquid, gas, or rocks but in nuisance, there is no requirement for accumulation
None of the Options
In Rylands v. Fletcher, there must be an escape of a non-natural user accumulated from the defendant’s land to a place outside the defendants land but in nuisance, there is no requirement of escape

Q71 The rule in Rylands v. Fletcher is majorly characterized by all but one
Liability for the natural consequences of the escape of a non-natural user of land to another person’s land.
Duty to keep a non-natural user on one’s land at own peril.
Bringing and keeping a non-natural user on one’s land
Breeding dangerous animals for circus

Q72 Strict liability is liability with a fault in all relevant cases
True
False
Unsure
None of the Options

Q73 The following are defences available to a defendant in a claim for nuisance against him.
Act of God
Reasonableness of his act or omission
A only
A & B

Q74 The conduct of the defendant in respect of injury to property or in respect of interference with the enjoyment of land is vital to the success of an action of the plaintiff in his claims for relief.
True
False
Unsure
None of the Options

Q75 Private nuisance falls into three of these categories excluding
Physical injury to the plaintiff’�?s property
Substantial interference with the plaintiff’s use and enjoyment of his land
Interference and easement
a crime

Q76 In public nuisance one of the following acts for the public
Governor
Commissioner for Justice and Law
Attorney General
The Law Officer

Q77 A private person can sue in public nuisance
True
False
Unsure
None of the Options

Q78 A private nuisance can be prosecuted as a criminal matter
True
False
Unsure
None of the Options

Q79 A public nuisance is committed when a person carries on some harmful activities which affect the whole people or part of the people
True
False
Unsure
None of the Options

Q80 The following situations can be described as nuisance except one.
Emissions of notious gas or fumes from a factory
Emission of notious gas or fumes from moving lorries, trains or aircraft.
Noise from the crowing of cocks in the early hours of the morning.
Noise from a closed door party

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