Tort law worksheet with answers

For a defamation claim, the statement must be defamatory, refer to the claimant, and be:

1. ARepeated by at least two people
2. BPublished to at least one third party
3. CRead by the claimant personally
4. DPublished in print or on television

A civil claim for breach of statutory duty succeeds only if:

1. AThe defendant has also been convicted of a criminal offence under the statute
2. BThe claimant has no other possible claim
3. CParliament intended the statute to give individuals a right to sue
4. DThe statute creates any duty at all

In England and Wales, a negligence claim for personal injury must usually be started within:

1. AThree years of the injury or the date of knowledge
2. BSix years of the injury
3. CTwelve years of the injury
4. DOne year of the injury

The Wagon Mound case concerns which issue?

1. AStrict liability for animals
2. BDirectness: a defendant is liable for all direct consequences of the breach
3. CDuty of care to unborn children
4. DRemoteness: only reasonably foreseeable types of damage are recoverable

Auditors negligently certify a company's accounts. An investor relies on them to buy more shares and suffers loss. In Caparo v Dickman, the auditors:

1. AOwed no duty to the investor for this purpose
2. BWere strictly liable for errors in the accounts
3. COwed a duty because the investor was a shareholder
4. DOwed a duty to anyone relying on the accounts

The Caparo test for a new duty of care requires:

1. AForeseeability of harm, proximity and that it is fair, just and reasonable to impose a duty
2. BA contract between the parties, a breach of its terms and loss flowing directly from the breach
3. CProof of criminal conduct
4. DIntention, motive and damage

A man is prevented from walking along part of a bridge closed for an event, but is free to go back the way he came. In Bird v Jones, the court held:

1. AThere was an assault, because he was blocked
2. BThere was no false imprisonment, because his freedom was not totally restricted
3. CThere was false imprisonment, because the bridge was public
4. DThere was false imprisonment, because he could not continue the way he wanted to go

A worker gets dermatitis from brick dust. The employer did not provide washing facilities, but science could not show that washing would have prevented it. In McGhee v National Coal Board:

1. AThe employer was liable for half the damages only
2. BThe employer was liable, because its breach materially increased the risk
3. CThe employer was not liable, because the "but for" test could not be satisfied
4. DThe worker was barred by consenting to the risk