NATIONAL AGENCY FOR EXAMINATIONS (NAE) NATIONAL EXIT

EXAMINATION FOR STUDENTS OF ETHIOPIAN LAW SCHOOLS

2003- 2015 E.C ACADEMIC YEAR Law of Extra-contractual Liabilities

1. Which of the following statements is correct among the given alternatives?

A. Fault of the victim totally exempts the tortfeasor or at least reduces the extent of liability
that the latter owes to the victim.

B. Existence or non-existence of fault on the part of either the victim or the defendant is
absolutely irrelevant in the assessment of compensation in case of strict liability under Ethiopian
law.

C. A person is not liable under the Ethiopian tort law for damage caused due to his negligence
unless the law provides otherwise.

D. A & B.

E. All.

2. Which of the following statements is incorrect among the given alternatives?

A. The prime purpose of the Ethiopian strict liability law is to ensure deterrence for potential
wrongful acts.

B. Courts in Ethiopia may apply equity only in specified circumstances to fix the amount of
compensation that the victim of a tort is entitled to.

C. Vicarious liability is a source of tort liability that does not generally

require either intention or negligence on the part of the person who actually carryout the
wrongful act.

D. A & B.

E. A & C.

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3. Which of the following statements is correct among the given alternatives?

A. A plaintiff in tort is required invariably to prove the existence of damage.

B. The test for “standard of good conduct” that a judge applies in relation to a professional
regarding the practicing of his profession must be the same as the one applicable for a lay-person
in relation to the same act or omission.

C. There exists joint and several liability of the employee and the employer in case of
vicarious liability in the Ethiopian tort law.

D. A & B.

E. A & C.

4. Briefly explain the principal and additional mode of remedies in the Ethiopian Extra-
contractual Liability Law.

5. Which of the following statements is incorrect among the following alternatives?

A. A tortfeasor's liability under Ethiopian law is limited only to such damages as he

anticipated or ought to have anticipated to occur.

B. Compensation may not be awarded under Ethiopian law in relation to future damage
where there is complete uncertainty as to the damage to occur.

C. A mere threat of danger through dangerous activities may never constitute a cause of civil
action under the extra contractual liability law of Ethiopia.

D. A&B.

E. A&C.

6. Which of the following statements is correct among the given alternatives?

A. Desire to irljure is not necessarily a requirement to make the author of an utterance liable
for defamation.

B. There is no liability for negligence unless the defendant breached a duty of care owed to
the plaintiff.

C. The position of the Ethiopian strict liability law simply shifts from the victim to the
defendant the burden of proving fault or its absence.

D. A&B.

E. A&C.

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7. Which of the following acts does not constitute fault under the Ethiopian tort law?

A. Battering.

B. Defamation.

C. Breach of one's contractual obligation. D. Stealing.

E. None.

8. Which of the following statements is correct among the given alternatives?

A. Employers' vicarious liability for their employees in Ethiopia is based

substantially on the fault of employers.
B. In relation to the vicarious liability law of Ethiopia, it is not necessary to prove
either the fault or strict liability of the doer of the act.

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D.
C. A&B. ,
E. A&C.

9. Which of the following statements is incorrect among the given alternatives?

A. The fact that it is impossible to prove the fault of the defendant exempts the latter from strict
liability in the Ethiopian extra contractual liability law.

,B. The period of limitation for tortious actions in Ethiopia may sometimes exceed the
general limitation period specified in the law of contracts.

C. A person is not liable under the Ethiopian tort law for damage caused due to his negligence
unless the law specifically provides otherwise.

D. All.

,E. A&C.

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10. Which of the following statements is correct among the given alternatives?

A. The fact that a person is legally declared liable for the act of the tortfeasor, according to the
Ethiopian law, is not a bar for a plaintiff to have a claim against the doer of the act.

B. The Ethiopian law of strict liability always provides surrender options.

C. Third party creditors, under Ethiopian law, may claim compensation from a tortfeasor as
legal representatives of the victim irrespective of the nature of the damage the plaintiff
suffers:

D. A&B.

E. A&C.

11. The age and/or the mental condition of a person is not taken into consideration in
determining whether a person is at fault in the extra contractual liability law of Ethiopia. This
approach is totally unparalleled with the Country's criminal justice system where the age and
mental conditions of the suspect makes a difference in. the determination of his_________

Explain the major reason (s) for this difference of approach in the criminal and extra
contractual liability law of Ethiopia. (7%)

12. Which of the following statements is correct among the given alternatives?

A. The “surrender option” is necessarily available to the defendant when one of his domestic
animals causes damage to the plaintiff.

B. The Ethiopian Extra-contractual Liability Law does not govern issues related to immoral
behavior and the consequent damage.

C. A person who causes damage against his attacker in self-defense may be relieved from
tortuous liability.

D. The Ethiopian Extra-contractual Liability Law does not govern issue of unfair trade
competition.

E. The Ethiopian Extra-contractual Liability Law does not apply on issues relating to physical
harm.

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13. Which one of the following alternatives represents defense available to the defendant under
the Ethiopian Extra-contractual Liability Law?

A. Insanity

B. Age

C. Illiteracy

D. Victim’s (plaintiffs) fault

E. Ignorance of law

14. Which one of the following incidents may not bring about strict liability on the defendant
under the Ethiopian law?

A. The defendant’s dog seriously bites the plaintiff.

B. The defendant’s building collapsed and caused damage to the property of the plaintiff.

C. The defendant’s car had a faulty break which made the car to collide with and cause damage
to the property of the plaintiff.

D. The defendant’s child inflicted damage to the property of the plaintiff by setting fire
negligently.

E. The defendant manufactured food which caused serious health injury on the plaintiff.

15. Which of the following statements is incorrect among the given alternatives?

A. Notionally, a suit for defamation will not succeed if the allegedly defamatory statement is
communicated to a third party or to the public by the plaintiff himself instead of the defendant.

B. The Ethiopian Extra-contractual Liability law governs issues relating to unlawful detention of
a person and the consequent damage.

C. Professional fault is a source of strict liability under the Ethiopian Extra- contractual Liability
Law.

D. Unlawful competition is not a source of strict liability under the Ethiopian Extra-contractual
Liability Law.

E. Existence or otherwise of damage is necessary for vicarious liability under the Ethiopian
Extra-contractual Liability Law.

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16. Which one of the following situations always excludes entitlement for compensation to the
plaintiff under the Ethiopian Extra-contractual Liability Law?

A. Where there are a group of people involved in the incident and it becomes difficult who
among those involved caused the damage.

B. When the exact monetary amount of the damage is difficult to assess, though it is sure that
damage occurs.

C. When it is uncertain as to whether or not future damage will occur.

D. When the act of the defendant which caused the damage is not intentional.

E. When the defendant is mentally unstable person.

17. Describe a circumstance (s) where a person is convicted for criminal act but exempted from
extra-contractual liability under Ethiopian law. (6%)

18. Which one of the following is incorrect about tort of interference with liberty of another
under the Ethiopian law of extra-contractual liability?

A. Restriction of movement of a person should exist to establish fault of the defendant.

B. The person restricting the movement of another does not have a lawful authority.

C. The restriction of movement should not necessarily be for a long period of time to constitute
fault.

D. Inflicting injury on the plaintiff is a pre-requisite to establish fault of the defendant.

E. It shall be sufficient for the plaintiff to have been compelled to behave in a certain manner by
the threat of a danger.

19. Which one of the following is incorrect about tort?

A. A tort arises when a party breaches a duty imposed on him by law.

B. In tort, there is no need for the defendant to know consciously that a duty exists.

C. Tortious liability arises where a person breaches his contractual obligation.

D. Tort is the imposition of duties towards people generally.

E. Tort is a civil wrong.

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20. Which one of the following is tort of omission?

A. Defamation.

B. Physical assault.

C. Failure to educate.

D. Trespass.

E. Inducing a wife to abandon her husband.

21. Which one of the following is incorrect about an offence of infringement of law under
Art.2035 of the Civil Code?

A. An offence is committed where the law infringed is specific.

B. An offence is committed where the law infringed is explicit.

C. Article 2035 does not apply where the offence is regulated by other provisions of extra-
contractual liability law.

D. In order to say an offence is committed under Article 2035,the law infringed may be a decree.

E. An offence is committed where a person infringes any law including the laws of contract.

22. The theory of vicarious liability that attributes liability on those who have the called

A. Loss spreading.

B. Deep pocket.

C. Control test.

D. Analogy with causation.

E. Economic and moral consideration.

23. Which one of the following is incorrect about pecuniary compensation?

A. It refers to compensation of damage by way of money.

B. It is the principal mode of compensation for material damage.

C. Exceptionally, it can be used to compensate moral damage.

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D. The Ethiopian law of compensation for damage as a rule follows pecuniary compensation for
material damage.

E. It sometimes includes compensation in kind.

24. Which one of the following is true about the mode of payment of compensation under the
Ethiopian law of extra-contractual liability?

A. The mode of payment is left to the discretion of the plaintiff.

B. The mode of payment is left to the discretion of the court.

C. The mode of payment is left to the discretion of the defendant.

D. Lump sum payment is the rule while periodic allowance is an exceptional mode of payment.

E. Periodic allowance is the rule while lump sum is the exceptional mode of payment

25. What could be the possible cause for the departure from the rule of equivalence in extra-
contractual claims?

A. Lack of sufficient evidence proving the exact amount of damage.

B. Victim's/claimant's innocence

C. Victim's contribution to the materialization of damage.

D. Wrongful acts committed without a superior order.

E. When a person causes an intentional damage the consequence of which expanded beyond
what is reasonably expected.

26. Which of the following is NOT a source of extra-contractual liability?

A. Fault.

B. Activities one engages in or things possessed by a person.

C. Where a third party for whom a person is responsible incurs liability.

D. Crime.

E. Unlawful termination of a worker's contract of employment.

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27. Which of the following is NOT the possible rationale for holding a person liable for the
wrongful conducts of another?

A. Control test.

B. Analogy with causation.

C. Abuse of power.

D. Deep pockets.

E. Economic and moral consideration.

28. Which of the following is NOT a remedy under the law of extra-contractual liability?

A. Monetary compensation for economic loss.

B. Restitution.

C. Remedial publication.

D. Forced performance.

E. Monetary compensation for moral damage.

29. A passenger who sustains bodily injury while travelling by the defendant's car for free can
claim compensation only if he/she proves that:

A. The car has no third party insurance coverage.

B A driver/owner is at fault.

C. He/she has committed no fault.

D. There was unjust enrichment by the owner.

E. There was a trespass by a driver

30. Which of the following liabilitics under extra-contractual liability law can be contractually
limited?

A. Inflicting bodily injury.

B. Defamation.

C. Liability for dangerous activities.

D Trespass,

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E. Injury to the rights of spouses.

F. All

31. List the important preconditions that are necessary to establish a fault based extra contractual
liability (5 MARKS)

32. Which one of the following statements is correct?

A. The truthfulness of a defendant’s statement may not in any case save him from liability for
defamation in the Ethiopian law

B. The existence or otherwise of intention, according to the Ethiopian law, is not totally
irrelevant to decide whether or not the defendant is at fault

C. Apart from the issue of fault, the absence of intention on the defendant’s part may never be
taken into consideration in his favour

D. A & B

E. B & C

33. Which one of the following statements is correct?

A. Though the existence of damage is a general and important element of the extra-contractual
liability law of Ethiopia, not all types of damages are compensable

B. An employer in Ethiopia is always free from vicarious liability where one of his employees
cause damage to another person in a different place and time than the worker is normally
employed

C. Under the Ethiopian extra contractual liability law, the fact that it is impossible to prove the
fault of the defendant exempts him from strict liability

D. D. A & B

E. E. A & C

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