Duty of care – Knowsia

BCL – L1 – SA – Q20 – Tort

Assesses negligence liability in a car accident.

Question

David was negligently driving south on Market Avenue when his car rear-ended a car driven by Patricia. The force of the impact forced Patricia to rear-end Thomas’ car. In turn, the force of the second impact caused Thomas’ car to hit a lamppost, which then fell on a house owned by Paul. The force of the impact scared Paul, causing him to immediately have a heart attack. Paul sues David for negligence. If Paul recovers, the most likely reason is:

A Paul was able to prove that David proximately caused Paul’s injuries.

B Paul was able to prove that the damages he suffered were caused by David.

C Paul was able to prove that David breached a duty of due care owed by David to Paul.

D Paul was able to prove all the above (a, b & c).

Answer

Find Related Questions by Tags, levels, etc.

Tags: Damages, Duty of care, Negligence, Proximate Cause
Level: Level 1

Topic: Tort

BCL – L1 – Q34 – Tort

Advise David on remedies for trespass to land and damages from a traffic accident.

Question

David, aged 25, is a premiership footballer who lives in a large house at Adenta in Accra. His girlfriend Clara and their one-year-old daughter, Afi, live with him and the house has a swimming pool in the garden. Samuel, who lives next door to David, has erected a canopy for parking vehicles, which is four metres high, close to the fence with David’s garden and passing over the boundary into David’s airspace.
Two weeks ago, Kwame, a farmer, was driving his tractor towards Nima round-about at high speed and he lost control of the tractor. It suddenly crossed the middle of the road and collided with David’s new sports car. David was unable to avoid the collision and he suffered broken ribs and a broken leg as a result of the impact. David was taken to hospital for treatment and was in pain for a week. Doctors had to amputate his damaged leg. As a result, he is unable to play football again and has found a job as a sports reporter on his local newspaper at a modest salary. He is unable to continue his hobby of ballroom dancing too.

(a) Advise David of the remedies he may obtain in respect of the above torts.

(b) Assume David was killed in the accident, advise Clara of any claim she may have in respect of the traffic accident only.

Answer

Find Related Questions by Tags, levels, etc.

Tags: Damages, Duty of care, Negligence, Tort
Level: Level 1

Topic: Tort

BCL – L1 – Q32 – Employer Liability

Advise on employer liability for negligence causing damage to a neighbor’s property.

Question

Kwame Yeboah is the Head Labourer at Vision Seed Academy School who resides on the campus. Among his duties is the washing of the school buses. In view of frequent water shortages in the neighbourhood of the school, Kwame decided to keep the tap to the main water reservoir open at midnight and fit a water hose to it in order to store enough water for washing. This practice is well known to Management of the school.
One night Kwame could not wake up to turn off the tap as he usually does, which overflowed the reservoir and flowed to the adjoining house where the owner kept fowls. A few fowls died from the sudden overflow of water through the house. The neighbour is upset and is threatening court action against the school. Management of the school thinks Kwame has been negligent and must therefore be made to pay for the dead fowls. Kwame has come to you for advice as the mishap occurred in the line of duty.
You are required to advise in the context of the Labour Act, 2003 (Act 651) and decided cases.

Answer

Find Related Questions by Tags, levels, etc.

Tags: Duty of care, Employment Law, Negligence, Rylands v Fletcher, Vicarious Liability
Level: Level 1

Topic: Employment Law

BCL – L1 – Q31 – Rylands v Fletcher

Explain the rule in Rylands v Fletcher.

Question

(a). What is the rule in Rylands and Fletcher

(b). Explain the meaning of consequential harm/injury and remoteness of damage

(c). Discuss the defences to actions in negligence

Answer

Find Related Questions by Tags, levels, etc.

Tags: Defences, Duty of care, Negligence, Tort
Level: Level 1

Topic: Tort

BCL – L1 – Q27 – Tort

Can Maria Ansah claim damages against Kundru Confectionery Ltd for slipping and getting injured?

Question

Following flood damage resulting from three (3) continuous days of rainfall, the Management of Tendo 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 Maria 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 Tendo Confectionery Ltd.

Answer

Find Related Questions by Tags, levels, etc.

Tags: Contributory Negligence, Duty of care, Negligence, Tort Law, Workplace Injury
Level: Level 1

Topic: Tort

AAA – L3 – Q19 – Professional Responsibility and Liability

Evaluate factors in deciding whether to contest or settle a negligence claim by Adom Bank against KT Ampofo & Co. for audit errors.

Question

Adom Bank Limited gave a loan to Kintampo Limited on 15 October 2015 and a review of the first six months of operation in May 2016 of the new shops revealed that the company was not doing well and could not pay the first instalment for the loan from Adom Bank Limited. Further investigation revealed that the audited financial statements signed by KT Ampofo & Co. which showed a profit of GH¢20.2M should have been of a loss of GH¢4.3M.
Adom Bank Limited has indicated its intention to sue your firm for negligence on the basis that it placed reliance on the financial statements audited by your firm.
Required:
Comment on the matters that you should consider in deciding whether your firm will contest the matter in court or seek an out of court settlement with the bank.

Answer

Find Related Questions by Tags, levels, etc.

Tags: Audit Standards, Auditor Liability, Duty of care, Financial Loss, Litigation, Negligence, Out-of-Court Settlement, Professional Ethics
Level: Level 3

Topic: Professional responsibility and liability

AAA – L3 – Q2 – Professional responsibility and liability

Discuss mechanisms to avoid negligence allegations for Prescilla Ltd.'s auditors.

Question

A duty of care exists where the auditors knew (or reasonably should have foreseen at the time of auditing the financial statements) that those financial statements might be relied on for that particular purpose and that it would be reasonable for such reliance to be placed for that purpose.

To avoid successful allegations of negligence, identify the key mechanisms that the auditors of Prescilla Ltd. should have followed.

Answer

Find Related Questions by Tags, levels, etc.

Tags: Audit risks, Auditor negligence, Duty of care, Ethical requirements, Professional indemnity, Quality management
Level: Level 3

Topic: Professional responsibility and liability

Tag (SQ): Duty of care

Filter by Professional Bodies

Filter by Subject

Filter by Topics

Filter by Levels

BCL – L1 – SA – Q20 – Tort

Assesses negligence liability in a car accident.

BCL – L1 – Q34 – Tort

Advise David on remedies for trespass to land and damages from a traffic accident.

BCL – L1 – Q32 – Employer Liability

Advise on employer liability for negligence causing damage to a neighbor’s property.

BCL – L1 – Q31 – Rylands v Fletcher

Explain the rule in Rylands v Fletcher.

BCL – L1 – Q27 – Tort

Can Maria Ansah claim damages against Kundru Confectionery Ltd for slipping and getting injured?

AAA – L3 – Q19 – Professional Responsibility and Liability

Evaluate factors in deciding whether to contest or settle a negligence claim by Adom Bank against KT Ampofo & Co. for audit errors.

AAA – L3 – Q2 – Professional responsibility and liability

Discuss mechanisms to avoid negligence allegations for Prescilla Ltd.'s auditors.

Our offerings

Community

Contact Info

Customer

Get In Touch

Tag (SQ): Duty of care

Filter by Professional Bodies

Filter by Subject

Filter by Topics

Filter by Levels

BCL – L1 – SA – Q20 – Tort

Assesses negligence liability in a car accident.

You're reporting an error for "BCL – L1 – SA – Q20 – Tort"

BCL – L1 – Q34 – Tort

Advise David on remedies for trespass to land and damages from a traffic accident.

You're reporting an error for "BCL – L1 – Q34 – Tort"

BCL – L1 – Q32 – Employer Liability

Advise on employer liability for negligence causing damage to a neighbor’s property.

You're reporting an error for "BCL – L1 – Q32 – Employer Liability"

BCL – L1 – Q31 – Rylands v Fletcher

Explain the rule in Rylands v Fletcher.

You're reporting an error for "BCL – L1 – Q31 – Rylands v Fletcher"

BCL – L1 – Q27 – Tort

Can Maria Ansah claim damages against Kundru Confectionery Ltd for slipping and getting injured?

You're reporting an error for "BCL – L1 – Q27 – Tort"

AAA – L3 – Q19 – Professional Responsibility and Liability

Evaluate factors in deciding whether to contest or settle a negligence claim by Adom Bank against KT Ampofo & Co. for audit errors.

You're reporting an error for "AAA – L3 – Q19 – Professional Responsibility and Liability"

AAA – L3 – Q2 – Professional responsibility and liability

Discuss mechanisms to avoid negligence allegations for Prescilla Ltd.'s auditors.

You're reporting an error for "AAA – L3 – Q2 – Professional responsibility and liability"

Our offerings

Community

Contact Info

Customer

Get In Touch

admin

Pick a Form