Ghana School of Law PLC: Law of Torts (GLC)

Which of the following best distinguishes an action in the law of torts from a criminal prosecution under Ghanaian law?

• AA tort action seeks to compensate the victim through civil damages on a balance of probab…
• BA tort action is initiated by the Attorney-General on behalf of the state, whereas crimin…
• CTorts require proof of a written statutory code for liability, whereas crimes are based e…
• DTorts always require proof of a specific intent to cause physical injury, whereas crimes…

The principle of 'damnum sine injuria' is best illustrated by which of the following scenarios?

• AA merchant opens a shop near an existing shop and attracts all its customers through lowe…
• BAn individual physically trespasses onto another's land but causes no tangible damage or…
• CA driver negligently hits a pedestrian, causing severe physical injuries and subsequent l…
• DA local authority lawfully arrests a suspect under a valid warrant, causing them temporar…

Which of the following legal concepts represents 'injuria sine damno' and is actionable per se under common law in Ghana?

• ATrespass to land
• BNegligence causing pure economic loss
• CPrivate nuisance causing personal discomfort
• DNegligent misstatement causing financial damage

To successfully raise the defense of voluntary assumption of risk (volenti non fit injuria), what must the defendant establish?

• AThat the plaintiff had full knowledge of the nature and extent of the risk and voluntaril…
• BThat the plaintiff was contributorily negligent and failed to take reasonable care for th…
• CThat the defendant warned the plaintiff of the risk, regardless of whether the plaintiff…
• DThat the risk was an act of God that could not have been avoided by any human intervention

In the context of 'volenti non fit injuria', how do Ghanaian and common law courts treat a plaintiff who is injured while acting as a rescuer?

• AThe defense of volenti does not apply to rescuers because their intervention is deemed a…
• BRescuers are automatically barred from recovery because they knowingly and voluntarily ra…
• CRescuers can only recover if they are professional emergency workers, such as police offi…
• DVolenti applies to rescuers only if the rescue attempt was ultimately unsuccessful in sav…

Under what circumstances can a defendant successfully rely on the defense of private necessity to justify an interference with another's property?

• AWhen the interference was necessary to prevent a greater harm to the defendant's own pers…
• BWhen the interference was authorized by a local municipal authority for the economic bene…
• CWhen the defendant can prove that they acted out of goodwill to improve the plaintiff's p…
• DWhen the plaintiff has previously committed a minor trespass against the defendant's prop…

A statutory body is authorized by an Act of Parliament in Ghana to construct a railway line. During its operation, sparks from the train cause a fire on adjacent private land. Under what condition will the statutory body be held liable in tort?

• AOnly if the plaintiff can prove that the statutory body performed its duties negligently
• BAutomatically, because the defense of statutory authority does not apply to fire damage
• COnly if the statute did not explicitly mention that sparks might be emitted
• DNever, because statutory authority provides an absolute immunity regardless of negligence

For a defendant to successfully raise the defense of 'Act of God' (vis major) under Ghanaian tort law, what must be demonstrated regarding the event?

• AThe event was an extraordinary operation of natural forces, completely free from human ag…
• BThe event was a sudden and unexpected mechanical failure of the defendant's machinery
• CThe event was an civil riot or war that forced the defendant to breach their duty of care
• DThe event was a heavy rainfall of a magnitude that occurs regularly during the annual wet…

How did Section 1 of the Civil Liability Act, 1963 (Act 176) of Ghana alter the common law position regarding the defense of contributory negligence?

• AIt abolished the common law rule that contributory negligence is an absolute bar to recov…
• BIt codified contributory negligence as an absolute defense that completely bars the plain…
• CIt shifted the burden of proof, requiring the plaintiff to prove they were entirely free…
• DIt restricted the defense of contributory negligence to commercial motor vehicle accident…

What is the status of the common law 'Last Opportunity Rule' in Ghana following the enactment of the Civil Liability Act, 1963 (Act 176)?

• AIt has been effectively abolished, and courts must apply apportionment of fault rather th…
• BIt remains the primary rule for determining liability in all motor vehicle collision cases
• CIt has been modified to apply only where the defendant acted with gross negligence
• DIt has been constitutionalized under the 1992 Constitution as a fundamental right of defe…

A plaintiff participates with a defendant in a joint illegal enterprise involving armed robbery. While fleeing the scene in a getaway car driven negligently by the defendant, the plaintiff is injured. Under what principle will a Ghanaian court bar the plaintiff's claim?

• AEx turpi causa non oritur actio (illegality defense)
• BRes ipsa loquitur
• CNovus actus interveniens
• DDamnum sine injuria

Under the Civil Liability Act, 1963 (Act 176), if two or more defendants are found to be joint tortfeasors in causing a single indivisible injury to a plaintiff, how is their liability structured?

• AThey are jointly and severally liable, meaning the plaintiff can recover the full judgmen…
• BThey are only severally liable, meaning the plaintiff must collect exactly 50% of the dam…
• CThe liability of the primary tortfeasor completely discharges the liability of all second…
• DJoint tortfeasors are immune from civil suits and can only be prosecuted under the Crimin…

Which of the following causes of action is specifically EXCLUDED from surviving for the benefit of a person's estate under the survival-of-actions provisions of the Civil Liability Act, 1963 (Act 176) of Ghana?

• ADefamation
• BNegligence causing personal injury
• CTrespass to land
• DConversion of chattels

How does the law of torts classify a situation where a defendant has a lawful duty to act but completely fails to perform that duty, resulting in damage to the plaintiff?

• ANonfeasance
• BMisfeasance
• CMalfeasance
• DTrespass ab initio

The defense of 'Act of State' under common law can be raised by the Government of Ghana or its officers under which of the following conditions?

• AOnly when the act was committed against an alien (foreign citizen) outside the territory…
• BWhenever the government commits a tort against a Ghanaian citizen within Ghana in the cou…
• COnly in commercial disputes involving government procurement contracts with local busines…
• DOnly when the President signs an executive order declaring immunity from all forms of neg…

What is the core legal principle established by Lord Atkin in the landmark case of Donoghue v Stevenson (1932)?

• AThe 'neighbour principle', which dictates that one must take reasonable care to avoid act…
• BThe three-stage test for duty of care requiring proximity, foreseeability, and policy con…
• CThe rule that manufacturers are strictly liable for all defects in their products regardl…
• DThe principle that pure economic loss is fully recoverable in any negligent action

Under the modern Caparo Industries plc v Dickman framework, which three criteria must be satisfied to establish a duty of care in a novel situation?

• AReasonable foreseeability of harm, a relationship of proximity between plaintiff and defe…
• BFactual causation, legal causation, and proof of physical damage
• CAn employer-employee relationship, course of employment, and breach of standard of care
• DA contractual agreement, reliance on professional advice, and subsequent financial loss

How is the standard of care in the tort of negligence defined under common law?

• AAn objective standard based on what a reasonable person, possessing ordinary skills and p…
• BA subjective standard based on what the defendant honestly believed was appropriate at th…
• CAn absolute standard requiring the defendant to prevent all possible harm regardless of c…
• DA variable standard that depends entirely on the financial resources and wealth of the de…

Under the rule in Nettleship v Weston (1971), what standard of care is expected of a learner driver?

• AThe same standard as that of a competent, qualified, and experienced driver
• BA reduced standard of care that reflects their status as a novice or beginner
• CA subjective standard based on their actual driving experience and lesson hours
• DNo standard of care, as learners are immune from civil negligence claims

What does the 'Bolam test' require to determine if a professional (such as a medical doctor) has breached their standard of care?

• AThe professional is not negligent if they acted in accordance with a practice accepted as…
• BThe professional must prove they exercised the highest possible level of care available g…
• CThe professional is judged by what an ordinary layperson would expect of a doctor under t…
• DThe professional is automatically liable if the medical procedure did not produce a succe…

In determining the standard of care for a child defendant in a negligence action, how is the standard adjusted under common law?

• AThe child is compared to the standard of a reasonable child of the same age
• BThe child is held to the standard of a reasonable adult, as tort law does not accommodate…
• CThe child is judged by a subjective standard based entirely on their own intelligence and…
• DChildren under eighteen are completely immune from liability in negligence

In Bolton v Stone (1951), why was the cricket club held not to have breached its duty of care when a cricket ball hit a person on a public road?

• AThe risk of a ball hitting someone was extremely low, and a reasonable person would not h…
• BThe cricket club owed no duty of care to persons outside the cricket ground
• CThe plaintiff had voluntarily assumed the risk by walking near a cricket field
• DThe club was protected by statutory immunity for sports activities

How does the pre-existing vulnerability of a plaintiff affect the standard of care and breach analysis, as illustrated in Paris v Stepney Borough Council (1951)?

• AThe gravity of potential injury is higher for a vulnerable plaintiff, requiring the defen…
• BVulnerability is irrelevant to breach of duty and only affects the calculation of damages
• CA defendant is not expected to know or accommodate any pre-existing physical conditions o…
• DVulnerable plaintiffs are barred from recovery under the doctrine of contributory neglige…

In Latimer v AEC Ltd (1953), why was the factory owner held not to have breached their duty of care after a factory floor became slippery due to a flood?

• AThe owner took reasonable precautions (sawdust and warnings), and the cost of closing the…
• BSlippery floors are an inherent risk of factory work that workers are deemed to accept
• CThe flood was an Act of God, which completely immunized the employer from any duty of care
• DThe plaintiff failed to prove that they actually slipped on the floor

How does the social utility or urgency of the defendant's conduct affect the determination of breach of duty, as seen in Watt v Hertfordshire County Council (1954)?

• AEmergency rescue operations may justify taking greater risks, lowering the standard of ca…
• BSocial utility is never a defense and cannot excuse a failure to take standard safety pre…
• CThe state is immune from negligence claims whenever it performs emergency services
• DFire departments are strictly liable for any injuries to their employees during a rescue

Which of the following must a plaintiff establish to rely on the evidentiary doctrine of 'res ipsa loquitur'?

• AThe thing causing the damage was under the exclusive control of the defendant, and the ac…
• BThe defendant acted with a malicious intent to cause the injury
• CThe damage was a direct and natural consequence of the defendant's action under the Re Po…
• DThere is eye-witness testimony detailing the exact negligent act committed by the defenda…

In Barnett v Chelsea & Kensington Hospital Management Committee (1969), why did the widow's negligence claim fail despite the doctor's clear breach of duty in failing to examine the patient?

• AFactual causation was not established, as the patient would have died of the arsenic pois…
• BThe doctor owed no duty of care to a patient who arrived at the hospital after hours
• CThe patient's consumption of tea was a novus actus interveniens that broke the chain of c…
• DThe death of the patient was too remote a consequence of the doctor's failure to examine

A plaintiff suffers a leg injury due to the defendant's negligence. Before the trial, the plaintiff is shot in the same leg by a robber, necessitating its amputation. Under the principle in Baker v Willoughby (1970), how does the subsequent shooting affect the first defendant's liability for damages?

• AThe first defendant remains liable for the loss of amenity and earnings caused by the ini…
• BThe first defendant's liability is completely extinguished by the subsequent shooting, wh…
• CThe robber becomes solely liable for all damages, including the initial injury
• DThe first defendant's liability is reduced to nominal damages only

What is the key difference between the remoteness tests established in Re Polemis (1921) and Wagon Mound (No 1) (1961)?

• ARe Polemis held defendants liable for all direct consequences of negligence regardless of…
• BRe Polemis restricted liability to foreseeable damage, while Wagon Mound (No 1) expanded…
• CRe Polemis applied only to contract claims, while Wagon Mound (No 1) applied exclusively…
• DRe Polemis required proof of intent to cause damage, whereas Wagon Mound (No 1) introduce…

The 'eggshell skull' rule (thin skull rule) dictates which of the following regarding the scope of a negligent defendant's liability?

• AThe defendant must take the victim as they find them, meaning they are liable for the ful…
• BThe defendant is only liable for the physical damage that would have been suffered by an…
• CThe plaintiff is barred from recovery if they failed to disclose their physical vulnerabi…
• DThe rule applies only to cases involving head injuries or skull fractures

In a negligence action, when will the voluntary action of the plaintiff break the chain of causation (novus actus interveniens) between the defendant's breach and the ultimate injury?

• AOnly when the plaintiff's action is highly unreasonable, abnormal, and completely unfores…
• BWhenever the plaintiff's action contributes even slightly to the final injury
• COnly if the plaintiff's action violates a specific statutory provision in Ghana
• DWhenever the plaintiff acts without the express supervision of the defendant

In the law of psychiatric injury, how did Page v Smith (1996) define a 'primary victim'?

• AA person who was in the zone of physical danger and reasonably feared for their own perso…
• BA person who witnessed the injury of a close relative from a safe distance
• CA professional rescuer who attended the immediate aftermath of a horrific accident
• DThe person who directly suffered the physical impact and bodily injuries in an accident

Under the control mechanisms established in Alcock v Chief Constable of South Yorkshire (1992), which of the following is NOT required for a 'secondary victim' to recover damages for psychiatric injury?

• AThe plaintiff must have been in the physical zone of danger and feared for their own safe…
• BThe plaintiff must have a close tie of love and affection with the primary victim
• CThe plaintiff must have proximity in time and space to the accident or its immediate afte…
• DThe plaintiff must have perceived the event or its aftermath with their own unaided senses

In White v Chief Constable of South Yorkshire (1998), what did the House of Lords decide regarding the liability of an employer to employees (police officers) who suffered psychiatric injury as rescuers?

• ARescuers enjoy no special status and must meet the standard Alcock criteria for secondary…
• BEmployers owe an absolute duty to protect employees from psychiatric injury in all circum…
• CPolice officers are automatically entitled to damages for PTSD because of the nature of t…
• DRescuers are treated as primary victims even if they were never in any physical danger

In Spartan Steel & Alloys Ltd v Martin & Co (Contractors) Ltd (1973), why was the plaintiff denied recovery for the loss of profits on potential future melts that they could not process during a power cut?

• AThe loss was classified as pure economic loss, which is generally not recoverable in tort…
• BThe defendant was a statutory utility provider and enjoyed absolute immunity
• CThe loss was too remote because the power cut was caused by a third-party subcontractor
• DThe plaintiff failed to prove the defendant acted with gross negligence

Under the rule in Hedley Byrne & Co Ltd v Heller & Partners Ltd (1964), what elements must be proved to establish a duty of care for negligent misstatement causing financial loss?

• AA special relationship involving an assumption of responsibility by the defendant, reason…
• BA written contract between the parties and proof of a breach of a warranty
• CAn intention by the defendant to deceive the plaintiff and cause them financial harm
• DProof of physical injury or property damage accompanying the statement

Applying the principles in Caparo Industries plc v Dickman (1990), why are company auditors generally not liable in negligence to individual members of the public who buy shares in reliance on a negligent audit report?

• AThere is no proximity, as the audit report was prepared to enable existing shareholders t…
• BAuditors enjoy statutory immunity from all civil suits under company law
• CAn audit report is classified as a statement of opinion and can never be the basis of a n…
• DPurchasing shares is an illegal enterprise that bars recovery under the ex turpi causa do…

In Fairchild v Glenhaven Funeral Services Ltd (2002), how did the court adapt the rules of factual causation where multiple employers had negligently exposed the plaintiff to asbestos?

• AIt applied a 'material contribution to risk' test, holding all negligent employers jointl…
• BIt dismissed the claim because the plaintiff could not satisfy the 'but for' test against…
• CIt ordered the employers to pay damages in equal shares regardless of the duration of exp…
• DIt held that the subsequent exposure was a novus actus interveniens that discharged the f…

In the context of medical negligence and the doctrine of informed consent, what standard did the UK Supreme Court establish in Montgomery v Lanarkshire Health Board (2015) regarding a doctor's duty to disclose risks?

• AA doctor must take reasonable care to ensure the patient is aware of any material risks o…
• BA doctor only needs to disclose risks that a respectable body of medical opinion would ch…
• CA doctor must disclose every theoretical risk, no matter how minor or improbable
• DA doctor is prohibited from disclosing risks that might cause the patient to refuse neces…

Under common law principles of occupiers' liability (prior to the English statutory reforms of 1957 and 1984), what duty of care is owed by an occupier to a known trespasser?

• AA duty of common humanity, requiring the occupier to take reasonable steps to warn the tr…
• BNo duty of care whatsoever, as a trespasser enters entirely at their own risk
• CThe same high duty of care owed to an invitee or business visitor
• DAn absolute duty to ensure the premises are completely safe for any entry

To establish the tort of assault under common law, what must the plaintiff prove regarding the defendant's conduct?

• AAn intentional act that causes the plaintiff to reasonably apprehend the immediate applic…
• BAn intentional and direct application of physical force to the body of the plaintiff
• CA negligent omission that results in the plaintiff being trapped in a room
• DA written or verbal threat to cause injury at some unspecified time in the future

Which of the following is an essential element of the tort of battery?

• AThe direct and intentional application of force to the person of another without lawful j…
• BProof that the defendant intended to cause severe physical injury or pain
• CProof that the plaintiff suffered actual physical injury or damage
• DA reasonable apprehension of immediate physical contact

Following the decision in Letang v Cooper (1965), how are claims for unintended, negligent physical contact classified under the modern law of torts?

• AThey must be brought solely under the tort of negligence, as trespass to the person now r…
• BThey can still be brought as trespass to the person because any direct contact is actiona…
• CThey are classified as strict liability claims requiring no proof of fault
• DThey are barred entirely because all physical contact is deemed consented to under social…

To establish the tort of false imprisonment, the restraint of the plaintiff's liberty must be:

• ATotal and complete, leaving the plaintiff with no reasonable means of escape
• BAccompanied by the use of physical locks, walls, or handcuffs
• CMaintained for a minimum period of 24 hours to be actionable
• DAccompanied by proof that the defendant acted with malice

According to the decisions in Meering v Grahame-White Aviation Co (1919) and Murray v Ministry of Defence (1988), is a plaintiff's awareness of their confinement required to succeed in a claim for false imprisonment?

• ANo, a person can be falsely imprisoned without knowing it at the time, although this may…
• BYes, the plaintiff must prove they suffered mental distress arising from their awareness…
• CNo, but the claim can only be brought by the state on their behalf if they were unconscio…
• DYes, unless the plaintiff was under the age of majority at the time of confinement

In Robinson v Balmain New Ferry Co (1910), why was the ferry company held not liable for false imprisonment when they refused to let the plaintiff exit their wharf without paying a penny?

• AThe restriction was not false imprisonment because the plaintiff had entered the premises…
• BThe ferry company had statutory immunity for all passenger detentions
• CThe plaintiff had a reasonable escape route by swimming across the harbor
• DThe detention was too short in duration to be legally actionable

Under Article 14(3) of the 1992 Constitution of Ghana, what is the maximum duration a person arrested or detained can be held before being brought before a court of law?

• AForty-eight hours
• BTwenty-four hours
• CSeventy-two hours
• DSeven days

Under the Criminal Procedure Code, 1960 (Act 30) of Ghana, in what circumstance may a private citizen lawfully arrest an individual without a warrant?

• AOnly when the individual commits an indictable offense in the citizen's presence, or when…
• BWhenever the citizen suspects the individual of committing a minor traffic offense
• CAt any time, provided the citizen immediately handovers the individual to a traditional r…
• DOnly when the citizen has obtained verbal permission from a police officer over the phone