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Which of the following statements is INCORRECT?
i. A contract is a voluntary agreement whereas obligations in the tort of negligence are imposed by the state.
ii. Damages are only available for breach of contract and breach of the tort of negligence if damage, injury or loss has been suffered by the claimant.
iii. A contract breaker is liable whether or not he is at fault whereas to be liable in the tort of negligence the defendant must have been at fault.
Suggested Answer: C
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38 comments · newest first
RO
Rocco
12 months ago
I think (i) is misleading, obligations can also be voluntary!
LA
Latosha
12 months ago
(iii) is the one that’s incorrect, right?
GE
Georgiann
1 year ago
Wait, are you sure about that? Sounds off.
BU
Bulah
1 year ago
I totally agree with that!
RE
Reynalda
1 year ago
Statement ii is correct, damages are only for actual loss.
NU
Nu
1 year ago
I remember that in tort law, liability often hinges on fault, so (iii) seems right. But I’m not confident about (ii) either; it feels like there might be exceptions.
HA
Haydee
1 year ago
I’m leaning towards (i) being incorrect because it seems like a contract can also have obligations imposed by law, right? But I could be mixing things up.
BR
Brent
1 year ago
I feel like I’ve seen a question similar to this before. I think (iii) is definitely correct since negligence requires fault, but I’m not sure about the others.
DO
Dorothea
1 year ago
I think statement (ii) might be tricky. I remember something about damages being tied to actual loss, but I'm not completely sure if that's always the case.
BE
Bettina
1 year ago
I feel like "Performance" and "Planning" were mentioned in some practice cases, but that might be a different model.
CA
Carman
1 year ago
Writing scripts and code for tax updates seems like the most complex and time-consuming approach. I'd try to find a more out-of-the-box solution if possible.
JA
Janessa
1 year ago
Hmm, I'm a bit unsure about this one. I know the SDA is involved in the Incident Management process, but I can't quite remember all their specific responsibilities. I'll have to think this through carefully.
MI
Micaela
1 year ago
I'm leaning towards assessing the impact on the business operations first. That seems like the most logical starting point to me.
CA
Carin
1 year ago
I'm going to go with option C and hope the judge doesn't hold it against me for being a little too 'negligent' in my answer choice.
VA
Valentine
1 year ago
User3: Yeah, option C is the one that doesn't quite fit.
LO
Louann
1 year ago
User2: I agree, option C seems to be the incorrect statement.
SH
Shalon
1 year ago
User1: I think the correct answer is option C.
NI
Nida
2 years ago
This question is giving me flashbacks to my law school days. Time to put on my thinking cap and really analyze these statements.
KA
Kasandra
1 year ago
D) (ii) and (iii) only
VA
Vallie
1 year ago
C) (iii) only
KE
Kelvin
1 year ago
B) (ii) only
RA
Rasheeda
1 year ago
A) (i) only
SE
Selene
1 year ago
D) (ii) and (iii) only
GR
Gracia
1 year ago
C) (iii) only
PA
Pansy
1 year ago
B) (ii) only
MI
Milly
1 year ago
A) (i) only
CE
Celestina
2 years ago
Ah, I see what they're getting at. A contract is a voluntary agreement, while tort obligations are imposed by the state. Gotta love those legal distinctions!
MA
Margart
2 years ago
But damages are available for breach of contract and tort of negligence if damage has been suffered.
WI
Wilda
2 years ago
Wait, are we sure about that? I think the differences between contract and tort law can be tricky. Maybe I'll go with (ii) and (iii) just to be safe.
TA
Tarra
1 year ago
User 2: Yeah, I agree. It's important to understand the differences between contract and tort law.
EL
Eleni
1 year ago
User 1: I think (ii) and (iii) are correct.
CH
Chaya
2 years ago
I disagree, I believe it's (ii) only.
BU
Buck
2 years ago
Hmm, this question seems straightforward. I'll go with option C, statement (iii) is incorrect.
PA
Paris
1 year ago
User 4: So, option C is the correct answer.
AV
Avery
1 year ago
User 3: Yeah, in negligence, fault is required for liability.
JA
Janessa
1 year ago
User 2: I agree, the contract breaker is not always liable.
CE
Cecil
2 years ago
User 1: I think statement (iii) is incorrect.
MA
Margart
2 years ago
I think the incorrect statement is (i) only.