1.Easy
For a defamation claim, the statement must be defamatory, refer to the claimant, and be:
- ARead by the claimant personally
- BRepeated by at least two people
- CPublished in print or on television
- DPublished to at least one third party
2.Easy
Private nuisance concerns:
- ABreaking a contract with a neighbour
- BUnreasonable interference with a person's use or enjoyment of land
- CAny loud noise in a public place
- DDamage to personal reputation
3.Easy
How do English courts usually treat a person injured while rescuing someone endangered by the defendant's negligence?
- AThey cannot claim, because they volunteered
- BThey can usually claim, because rescue is foreseeable
- CThey can claim only half their damages
- DThey can claim only if they are professional rescuers, such as firefighters
4.Medium
A boarding-house warden employed by a school abuses the boys in his care. In Lister v Hesley Hall, the employer was:
- ANot liable, because the warden acted for himself
- BVicariously liable, because the abuse was closely connected with his duties
- CLiable only for its own negligent hiring
- DNot liable, because abuse is never within the course of the warden's employment
5.Medium
In a claim for psychiatric harm, a "secondary victim" must usually show:
- AThat they were paid to be present
- BPhysical injury of their own
- COnly that they suffered a recognised psychiatric illness after hearing of the event
- DA close tie of love and affection and closeness in time and space to the event
6.Medium
A driver is in a minor collision, suffers no physical injury, but his chronic fatigue illness becomes permanent. In Page v Smith, he could recover because:
- AThe defendant intended to injure him
- BHe was a primary victim and personal injury of some kind was foreseeable
- CHe had a close tie of love with the other driver
- DPsychiatric injury is always recoverable after any road accident, however minor
7.Hard
Members of a religious teaching order abused pupils at schools. The brothers were not employees of the order. In Various Claimants v Catholic Child Welfare Society, the Supreme Court held the order:
- AVicariously liable, as the relationship was akin to employment
- BLiable only in contract to the schools
- CNot liable, because the brothers were not employees
- DNot liable, because the order did not own the schools
8.Hard
A mother arrives at hospital about two hours after a road accident and sees her family injured and covered in blood. In McLoughlin v O'Brian, she:
- ACould recover only for financial losses
- BCould not recover, as she was not at the scene
- CCould recover, as she saw the immediate aftermath
- DCould not recover, as she was only told about it
Answer key
- 1. D · Published to at least one third party
- 2. B · Unreasonable interference with a person's use or enjoyment of land
- 3. B · They can usually claim, because rescue is foreseeable
- 4. B · Vicariously liable, because the abuse was closely connected with his duties
- 5. D · A close tie of love and affection and closeness in time and space to the event
- 6. B · He was a primary victim and personal injury of some kind was foreseeable
- 7. A · Vicariously liable, as the relationship was akin to employment
- 8. C · Could recover, as she saw the immediate aftermath
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