CAIB 3 FINAL EXAM STUDY GUIDE 2025/2026
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Explain the concept of the Rule of Precedent.
.......Answer.........Current court decisions must follow those made in
cases having similar circumstances, which allows the development
of a logical body of general principles against which specific
cases to be compared.
Explain the meaning of the term "damages".
.......Answer.........Compensation in money for the loss or damage
suffered.
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Compensatory damages for bodily injury are an amalgamation
of general and special damages, and based on a number of
factors which the courts take into account.
State four factors that influence the determination of
compensatory damages. .......Answer.........1. extent of financial
support provided by the injured party to his or her family
2. social position
3. reputation
4. financial circumstances
5. ability of the plaintiff's legal representative
Explain the assumption that lies at the centre of the Doctrine of
Strict Liability. .......Answer.........Based on the assumption that
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certain activities are so hazardous that, in the event of injury or
damage arising out of them, the person conducting the activity
shall be presumed to be legal liable
Identify two activities that impose strict liability on the person
conducting the activity. .......Answer.........The setting off of
explosives , the lighting of fires, the operation of aircraft, the
keeping of a dangerous thing on the premises, such as water in
a dam or cistern; gas; electricity; wild animals.
What is the position of the defendant in a legal action when the
law deems the defendant strictly liable? .......Answer.........The
defendant has the right to establish a defense against an action
alleging strict liability.
What determines if a product is defective? .......Answer.........A
defective product is one that contained something that it should
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not have; or something that should have been there was omitted
in its manufacture.
The Sale of Goods Act sets out the contractual responsibilities of
sellers for their products. This Statute Law contains a number of
implied warranties that form part of every contract for the sale
of goods.
Identify one implied warranty which is of significance to sellers
of products. .......Answer.........fitness of a business's product(s) for
a particular purpose
The Sale of Goods Act also addresses a buyer's responsibility to
exercise care as to the suitability and quality of the products
purchased.
State the exception to this general rule. .......Answer.........When a
buyer makes known the particular purpose for which the goods