单选题 The defendant is being investigated for a health condition causing them to lose consciousness. One evening after a long day at work, the defendant is driving home when they suddenly feel very unwell. The defendant is only one mile from their home and decides to try and get home where they can rest or call a doctor if they feel worse. The defendant loses consciousness before they reach their destination. With the defendant unconscious, their vehicle mounts the pavement and collides with a couple walking their dog. The couple and dog are seriously injured. What is the likely outcome regarding the standard of care applied to the defendant?

A、 The court will apply the standard of care of a driver suffering impairment and the defendant will not be liable for the accident.
B、 The court will apply the standard of care of a reasonable driver and find the defendant should have stopped the car immediately when they felt unwell.
C、 The court will apply the standard of care of a professional road user and find the defendant should have steered away from the couple on the pavement.
D、 The court will apply the standard of care of a reasonable person and find that it was reasonable for the defendant to continue their journey as they were only one mile away from their home.
E、 The court will apply the special standard of care on the basis that the defendant was suffering from an illness and find that the accident was an unavoidable incident that could not have been prevented.
下载APP答题
由4l***o5提供 分享 举报 纠错

相关试题

单选题 A high street law firm instructs a costs lawyer to advise on litigation costs in an ongoing case. Which of the following statements best describes the regulatory regime applicable to the costs lawyer?

A、The costs lawyer is subject to the regulation of the Solicitors Regulation Authority and the Costs Lawyer Standards Board.
B、The costs lawyer is subject to the regulation of the Costs Lawyer Standards Board.
C、The costs lawyer is subject to the regulation of the Costs Lawyer Standards Board and is also subject to the Solicitors Regulation Authority whilst providing advice to an authorised law firm.
D、The costs lawyer is not a regulated legal service provider and is not subject to regulation by a regulatory body.
E、The costs lawyer is a regulated legal service provider and is subject to regulation by the Legal Services Board.

单选题 A client, a building firm, is engaged in a dispute worth £290,000 with a sub-contractor. Whilst the dispute is ongoing, the client is unable to continue the work needed to complete the project, which is having a substantial adverse impact on the client's financial position. The parties are entrenched in their respective positions with early negotiations showing no sign of potential agreement. Which of the following is the client's best option for resolving the dispute and why?

A、Arbitration, as it is in the client's best interests to have a decision imposed upon them that brings the dispute to a conclusion as quickly as possible.
B、Arbitration, as it is best that a confidential decision is imposed on the parties.
C、Mediation, as it is quicker and will mean that working relations between the parties will be preserved once the dispute has concluded.
D、Mediation, as it is confidential and no other customers can therefore discover any information about any settlement reached.
E、Litigation, as issuing proceedings is the most likely method to bring the parties to the negotiating table.

单选题 The claimant is cycling through a busy city centre when the defendant, driving a delivery van, reverses from a shop forecourt into the claimant, knocking them to the ground and causing the claimant personal injury. The claimant is not wearing a bicycle helmet and suffers fractures to the head, ribs and arms. Which of the following is likely to be the court's view when considering whether the claimant has contributed to their injury?

A、The court will likely find the defendant 100% at fault as the onus is on the defendant, as the reversing driver, to ensure the road is clear.
B、The court will likely find the defendant 100% at fault as the claimant, as a cyclist, has the right of way.
C、The court will likely find the defendant primarily liable but reduce the claimant's damages by 50% for failing to heed the presence of the defendant's delivery van.
D、The court will likely find the defendant primarily liable but reduce the claimant's damages by 100% to represent the injuries that would not have occurred had the claimant been wearing a helmet.
E、The court will likely find the defendant primarily liable but reduce the claimant's damages to reflect the claimant's failure to take reasonable care of their own safety.

单选题 Two companies are locked in a contractual dispute over non-performance. Proceedings have been issued and a stay of proceedings has been ordered to enable the parties to attempt alternative dispute resolution (ADR). The opponent proposes mediation. However, the client, who is the claimant in the matter, responds to the proposal and refuses to engage in mediation, citing the opponent's alleged history of non-performance as a reason for not trusting the opponent to engage in the mediation process. The case proceeds to trial and the client is successful in the action. Which of the following best describes how the court will likely deal with the legal costs of the action and why?

A、The court will likely order that the opponent pay the client's legal costs in full as the client's allegations of the opponent's non-performance of the contract has been proved. The client was therefore fully justified in their distrust of the opponent's offer to mediate.
B、The court will likely order that the opponent pay the client's legal costs in full as the client has been successful in the action overall, applying the principle that costs follow the event.
C、The court will order that the client pay the opponent's legal costs in full, as the client has unreasonably refused to engage in mediation.
D、The court will order that the client pay a percentage of the opponent's legal costs as well as their own by way of sanction for unreasonably refusing to mediate.
E、The court will order that the opponent pay a percentage of the client's legal costs as well as their own as they made a genuine offer to mediate.

单选题 A woman advertises her car for sale. A man sees the advertisement and comes to inspect the car. The woman then agrees to sell the car to the man for the sum of £8,000. The market value of the car is £15,000. The man pays a deposit of £2,000 and agrees to pay the remainder when he collects the car the next day. Later that evening, the woman contacts the man and tells him that she received a higher offer by a third party and will not sell the car to the man for £8,000. Which of the following best describes the legal position?

A、The woman is bound to sell the car to the third party, as the third party has offered the higher amount overall.
B、The woman is bound to sell the car to the man, as the man has provided sufficient consideration in exchange for the woman's promise to sell for £8,000.
C、The woman is not bound to sell the car to the man, as the sum of £8,000 is insufficient as consideration as it is significantly less than the market value of the car.
D、The woman is not bound to sell the car to the man, as she is not required to keep her offer open and can withdraw it at any time.
E、The woman is not bound to sell the car to the man, as the payment of £2,000 made by the man will be regarded as past consideration.

单选题 A woman is charged with battery, having thrown a rock towards another person intending to scare them. The rock hits the person in the head, causing no injury. The woman claims that she never intended that the rock hit the person, but the prosecution allege that the woman was reckless as to whether the rock would hit the other person. Which of the following is the most accurate statement regarding the test for recklessness in relation to a battery?

A、There must have been a risk that force would be applied by the rock, and that the reasonable person would have foreseen that risk and unjustifiably taken it.
B、There must have been a risk that force would be applied by the rock, and that the woman should have foreseen that risk and unjustifiably taken it.
C、There must have been a risk that force would be applied by the rock, and that the woman must have foreseen that risk and unjustifiably taken it.
D、There must have been a risk that force would be applied by the rock, and that both the woman and the reasonable person should have foreseen that risk and unjustifiably taken it.
E、There must have been a risk that force would be applied by the rock, but there is no requirement that the risk be foreseen.

单选题 A company has four equal shareholders who are also directors. The company adopted the model articles of association as its company constitution, but made some amendments. Three of the director/shareholders would like to remove the fourth director/shareholder as a director as they are not satisfied with her performance in general. The three director/shareholders have given notice of a proposed resolution to remove the fourth director/shareholder from the board, and the board has placed the resolution on the agenda for the next general meeting. Which of the following statements does not represent an accurate statement of law?

A、The fourth director/shareholder to be removed should receive notice of the proposal to remove.
B、The company's articles of association should be checked for any clause that may give the fourth director/shareholder to be removed weighted voting rights on any resolution to remove.
C、The three director/shareholders cannot use the written resolution procedure to remove the fourth director/shareholder.
D、Any ordinary resolution to remove the fourth director/shareholder will not be effective unless the board gave notice of intention to propose it at least 21 days before the general meeting at which it is proposed.
E、The fourth director/shareholder to be removed is entitled to be heard at the meeting.

单选题 A solicitor is authorised to provide legal services by the Solicitors Regulation Authority (SRA). The solicitor works on a freelance basis. Which of the following statements best describes the solicitor's authorisation to carry on reserved legal activities?

A、The solicitor may carry on all reserved legal activities.
B、The solicitor may carry on all reserved legal activities, except the exercise of a right of audience.
C、The solicitor cannot provide reserved legal activities because they are working on a freelance basis.
D、The solicitor may carry on all reserved legal activities, except notarial activities.
E、The solicitor may carry on all reserved legal activities, except notarial activities, providing the solicitor's organisation is registered as a sole practice or they provide any reserved legal activities through an authorised body.