Practice answer bank 371
Answer 15
C Where res ipsa loquitur applies, the burden of proof is reversed and the defendant must prove that
they were not negligent.
Syllabus area B4(c)
Answer 16
D 'Passing-off' involves the use of a business name, trademark or description that is similar enough
to another business so that the consumer is misled to believe that one business is that of another.
Syllabus area B4(b)
Answer 17
B Employment contracts may be oral or in writing. As with all contracts, consideration is required.
Terms can be implied from trade custom and practice.
Syllabus area C1(b)
Answer 18
D There is no statutory employment protection for the self-employed.
Syllabus area C1(a)
Answer 19
C Dismissal without notice is known as summary dismissal.
Syllabus area C2(b)
Answer 20
B Wrongful dismissal involves a breach of contract and damages are payable for the loss of notice
period only. The other remedies are for unfair dismissal.
Syllabus area C2(c)
Answer 21
(a) Charles is an employee. Even though he does not receive an employment contract the facts indicate
a contract of service since he is controlled by the employer in that the latter provides tools, tells
him where to work and reserves the right to dismiss him.
(b) Dismissal occurs when a fixed term contract is not renewed even though such an eventuality is
implicit in the fact that the agreement has a fixed term. Nick is therefore entitled to claim for
redundancy pay and/or compensation for unfair dismissal if he can prove the requisite facts.
However, non-renewal cannot give rise to a claim for wrongful dismissal, which is only possible
when there has been summary dismissal or dismissal with less than the required period of notice.
Answer 22
A Agency by estoppel occurs where one party 'holds out' to another that a person is acting as their
agent.
Syllabus area D1(b)