In striving to prove negligence the first thing that must be done is to:

a.Establish that there was a breach of a duty of care

b.Establish that there was damage resulting from the breach of the duty of care

c.Establish that there was a duty of care

d.Establish that the damage which resulted from the breach of the duty of care was foreseeable

A7

Contributory negligence was found in which of the following cases?

a.Rasbora v JCL Marine

b.Harris v Bulldogs Rugby League Club

c.Insurance Commissioner v Joyce

d.March v Stramare

A8

Tom owns a shop in Burwood. Tom bought a new van for $50,000 to make deliveries of products he sells from his shop.Will the sale of the van be a consumer contract and so be covered by the statutory guarantees in the Australian Consumer Law? Select the one best answer.

a.The statutory guarantees do not apply because Tom operates a business

b.The statutory guarantees do not apply because the van cost more than $40,000

c.The statutory guarantees do not apply because the van is not being used for personal, domestic or household use by Tom

d.The statutory guarantees will apply to this contract

A9

Which Australian case first adopted the principle from Donoghue v Stevenson that manufacturers owe a duty of care to the users of their products:

a.Stennett v Hancock and Peters

b.Strong v Woolworths Ltd

c.Grant v Australian Knitting Mills Ltd

d.Modbury Triangle Shopping Centre Pty Ltd v Anzil

A10

The decision in the Federal Court case of Glendale Chemical Products Pty Ltd v Australian Competition and Consumer Commission:

a.Means that there is no duty for manufacturers of products to warn of potential injuries from the use of their products

b.Means that manufacturers of products have a duty to warn consumers of every potential risk of using their products no matter how unlikely

c.Means that manufacturers have a duty of care to warn consumers of foreseeable risks of using their products

d.None of these answers is correct