Paper 1 G Tort

A property owner asks John, his brother who is a salesperson, to sell his property on the understanding that John will not receive any remuneration for his work. Is the standard of care required of John the same as that of a salesperson who would receive a remuneration?

A) yes, because a duty of care exists in tort and is owed to anyone who is likely to be affected by John’s act even in the absence of a contract or a promise for remuneration

B) yes, because the closer relationship between brothers offsets the lack of remuneration

C) no, because a duty of care should be proportionate to the remuneration

D) no, because it is unfair to expect John to exercise the same degree of care; he has no choice but to help his brother

A

Amy went to view a penthouse unit and noticed that it had a roof terrace and an awning. She asked the salesperson whether the roof terrace and awning were approved. The salesperson confirmed and said it would not be a problem to get the approval. Amy bought the penthouse and her application for the roof terrace and awning was rejected.

A) the salesperson did not do anything wrong as Amy should check with the relevant authority herself

B) there is a negligent misrepresentation committed by the salesperson who has the duty to check with the building authority before replying

C) as these are matters to be dealt with by building professionals, the salesperson at worst had committed an innocent misrepresentation

D) the salesperson has committed a fraudulent misrepresentation

B

Amy went to view a penthouse unit and noticed that it had a roof terrace and an awning. She asked the salesperson whether the roof terrace and awning were approved. The salesperson confirmed and said that they had been approved after checking with the owner. Amy bought the penthouse and found that they were not approved.

A) the salesperson did not do anything wrong as Amy should check with the relevant authority herself

B) there is a negligent misrepresentation committed by the salesperson who has the duty to check with the building authority before replying

C) the salesperson has committed an innocent misrepresentation believing that the owner’s information is true

D) the salesperson has committed a fraudulent misrepresentation

C

Amy went to view a penthouse unit and noticed that it had a roof terrace and an awning. She asked the salesperson whether the roof terrace and awning were approved. The salesperson confirmed and said that they had been approved after checking with Building and Construction Authority. Amy bought the penthouse and found that they were not approved.

A) the salesperson did not do anything wrong as Amy should check with the relevant authority herself

B) salesperson has committed contributory negligence for the negligence is contributed by someone else

C) as salesperson’s action had been prudent, the salesperson was not liable and could use the defense of contributory negligence

D) the salesperson has committed a fraudulent misrepresentation

C

Neighbor principle under tort means:

A) a person who is directly or indirectly or can be remotely affected by someone’s act

B) a person who is closely and directly affected by someone’s act

C) a person who has no proximity to the other person

D) a person who is a neighbor to the other person

B

A prospective home buyer, who fell and hurt her face after viewing a show flat, sued the developer for negligence, saying that its staircase was unlit and had sand on it. Developer’s defence was that she was partly to be blamed because she could have held onto the handrails provided. The developer was seeking the defence of

A) buyer beware

B) enter at own risk

C) contributory negligence

D) volenti non fit injuria

C

The stairway leading to a rental house is defective. The tenant’s guest is injured on the stairway,

A) the house owner cannot evade liability for such injury caused by denying any knowledge of the defect

B) the house owner is not liable because there is no imputed knowledge of the defects

C) the tenant cannot evade liability for injury caused to his guests. It is tenant’s duty to ensure that his guests are safe

D) the guest is personally liable for his/her own negligence. Thus, neither the tenant nor the house owner is liable for the defective stairway

A

The term vicarious liability refers to

A) an employer responsible for the wrongdoing of his employee during work

B) an injury caused which is not too remote and can be attributed to someone

C) the injured contributing to the injury and damage

D) none of the above

A

The phrase volenti non fit injuria refers to

A) a defence to negligence when a person knows of the possible injury and consent to taking the risk

B) a person contributing to the injury cannot complain about it

C) the damage caused to the injured is minor

D) none of the above

A

A’s tree trunk is hanging over a neighboring land is known to have

A) taken adverse possession

B) committed trespass

C) encroached on state land

D) caused nuisance

B

If an agent volunteers information on a certain property without exercising due care in ensuring that the information is accurate, he is said to have committed

A) fraudulent misrepresentation

B) negligent misrepresentation

C) innocent misrepresentation

D) ignorant misrepresentation

B

When viewing a HDB flat, X asks the agent if any major upgrading works will be commenced soon. The agent, without knowing that owners were informed 3 months ago, assures that there are no such plans. A month later, contractors carry out work to install new lifts. The agent has committed a/an _____ misrepresentation.

A) innocent

B) negligent

C) fraudulent

D) vicarious

B

A salesperson, who is to exercise the standard of care, is

A) one with the highest expert knowledge or skill

B) one with perfect knowledge or skill

C) one with ordinary knowledge or skill

D) one with no knowledge or skill

C

Salesperson, who is to exercise a higher standard of care, if

(i) his client is above 65 years old

(ii) his client is a minor

(iii) his client is a handicap

(iv) his client is illiterate

A) (i) & (ii)

B) (ii) & (iii)

C) (iii) & (iv)

D) all of them

C

X was advised by his agent to sell his house as the agent observed that property prices usually eased after the general election. X acted upon the advice and property went up after the election. Is the agent liable?

A) agent is liable, this misstatement is a misrepresentation

B) agent is liable, the owner has relied upon it and suffered a loss

C) agent is not liable, the owner assumed the risk by acting upon the agent’s opinion

D) agent is not liable because a wrong opinion amounts to merely an innocent misrepresentation

C

When there is a breach of duty of care, the basic question is whether

A) the salesperson has perfect knowledge and skill

B) the salesperson has highly expert knowledge and skill

C) the salesperson has ordinary knowledge and skill

D) the salesperson has no knowledge and skill

C

Which of the following constitutes a misrepresentation to the buyer?

A) owner says all units of his commercial building are occupied but did not say that 90% of the tenants have serviced a notice to quit

B) owner says all units of his commercial building are occupied but did not say that the tenants have requested major upgrading work to be done next year

C) owner says all units of his commercial building are occupied but did not say that the air-conditioning is always faulty

D) owner says all units of his commercial building are occupied but did not say that the tenants are unhappy with the rent

A

Agent A advised his seller S on the fair market price for S’ property. S acted on A’s advice and property prices went up after the sale. Is A liable?

A) A is liable to S for professional negligence for as an agent, he should know the trend of the market

B) A is not liable to S for the fair market price is simply an opinion & S took the risk to rely on it

C) A is not liable to S as S should also do his own homework and not simply rely on A’s advise

D) A is not liable to S as A is not a valuer and has no duty to advise on the market price

B

The client asked his agent about the market condition. The agent replied that the real estate market will continue to do well for the next 10 years. The market collapsed 2 years later. Is the agent liable?

A) agent is liable for professional negligence

B) agent is not liable for the market condition is simply an opinion

C) agent is liable for agent should not give client false hope

D) agent is not liable as the agent has no duty to advise on the market condition

B

Agent should advise the client that his property must be safe for viewers. Why?

A) viewers have the right of way when moving around. Therefore owners must not obstruct the way

B) owner is liable to only viewers who eventually bought his unit should an accident occur

C) owner is liable for any damages caused by viewers

D) owner is liable for anyone who fell or injured in his property caused by negligence under tort

D

Which of the following is a trespass?

A) seller who stayed in the property after the completion of S & P

B) a passer-by who walked past another person’s land that has an easement on it

C) landlord enters the property without the tenant’s permission to levy distress on his right of forfeiture

D) police enter into other people’s property to get rid of illegal gathering

A

Which of the following is not a remedy to trespass?

A) damages

B) injunction

C) specific performance

D) forcible ejection

C

Which of the following is not a trespasser?

A) tenancy at sufferance

B) holdover tenant

C) robber

D) sheriff

D

What should the owner do if he does not want to be liable for any injury caused to his property?

A) he should follow the visitors everywhere they go

B) he should put a disclaimer at the entrance of his property

C) he should not allow any minors and elderly people to enter his property

D) he should only show the property after he has moved out

B

Macy, a salesperson was aware that her client, Kurt was extremely fond of a particular renowned architect. When she saw a property that she believed was designed by this renowned architect, she introduced it to Kurt immediately and he bought it as a result. Later, Kurt found out that the property was not designed by the renowned architect. Could Kurt claim damages?

A) yes, as Macy had committed an innocent misrepresentation

B) yes, as Macy had committed a negligent misrepresentation

C) no, under the doctrine of caveat emptor, it is the buyer’s duty to check before committing to the purchase

D) no, it was only Macy’s opinion and beliefs, therefore it would not be regarded as misrepresentation

A

A few statements were made to potential buyers of a property project under construction. The buyers relied on the statements. Which of the following is likely to constitute a misrepresentation?

A) ‘the unit has an excellent view’. The buyer found out that the unit is facing a row of trees

B) ‘the site has potential for higher plot ratio’. In actual fact, the site has a height restriction, and the plot ratio is unlikely to increase

C) ‘the MRT station is only 10 min walking distance away’. The buyer took 20 minutes to walk to the MRT station

D) ‘this site will have potential enhanced value because of the quiet neighborhood’. The buyer, after moving in, found that the next neighbor has a dog, and the barking from the dog is unbearable

B

Which of the following is/are considered an unfair practice?

A) agent tells the buyer that he is the only one who can give a discount for the project he is marketing

B) agent tells the buyer that if he doesn’t make the decision now, the property price is going up the very next minute

C) agent tells the sellers to sell the property immediately because the government’s cooling measures are going to crash the market

D) all of the above

D

X bought a piece of land that was very run down and covered with overgrowth. Only after he purchased the land did he realize it was in such a poor state. He got upset, as he would have offered a lower price for the land instead. Can he go after the seller/agent?

A) yes, the seller/agent owes a duty of care to the buyer, i.e. they ought to disclose this fact before selling the property

B) yes, buyers buy the property based on the doctrine of caveat emptor

C) no, the seller/agent is not responsible for pointing out patent defects

D) no, this is not a material fact that requires a disclosure

C

The RES, Albert, represents the tenant who is 19 years old. He is required to

A) exercise a higher standard of care

B) exercise a lower standard of care

C) exercise the professional standard of care

D) exercise the skillful standard of care

C

Consumer Protection (Fair Trading) Act is administered by

A) Competition and Consumer Commission of Singapore

B) Consumer Association of Singapore

C) Singapore Mediation Centre

D) Singapore Institute of Arbitrators

A

Which of the following defect(s) is/are to be disclosed to the potential buyers?

A) it is the duty of the seller to disclose patent and latent defects regardless of whether the seller is aware of them

B) it is the duty of the seller to disclose only the latent defects and not the patent defects regardless of whether the seller is aware of them

C) it is the duty of the seller to disclose defective titles to the potential buyers and not any patent or latent defects occur on the property only when the seller is aware of them

D) it is the duty of the seller to disclose defective titles to the potential buyers regardless of whether the seller is aware or them and disclose the latent defects only if the seller is aware of them

D

Residents of The Seaview condominium, who sued four parties involved in the development over numerous alleged defects caused by the negligence of sub-contractors, have hit a snag in their fight for $32 million in damages. Three defendants - the developer, the architect, and the main contractor - are largely off the hook for negligence claims following a landmark ruling on construction liability by the High Court. Why?

A) because they have no proximity to the residents

B) because they do not owe the residents any duty of care

C) because they put up a defense on grounds that they are not vicariously liable for the negligent acts of the independent contractors

D) because the residents failed to prove that the developer, architect and main contractor are the ones who caused the defects and damages

C

The RES, Albert, represents the buyer who is 80 years old and has dementia. He is required to

A) exercise a lower standard of care

B) exercise a higher standard of care

C) exercise the professional standard of care

D) exercise the skillful standard of care

B

Agent A held himself out as a property consultant and advised S to sell his property below fair market price. S acted on A’s advice and property prices went up after the sale. Is the agent liable?

A) A is liable to S for professional negligence

B) A is not liable to S for the fair market price

C) A is not liable to S as S assumed the risk by acting upon it

D) A is not liable to S as A has no duty to advise on market price

A