1.Easy
When two tortfeasors cause the same indivisible damage, the claimant can usually:
- ASue only the one who acted first
- BRecover the full damages from either of them
- CSue only if both are joined in one claim
- DRecover only half from each of them
2.Easy
The defence of necessity in tort may justify an act when:
- AThe defendant was in a hurry
- BThe act was necessary to protect the defendant's business profits from foreseeable loss
- CIt was reasonably necessary to prevent greater harm to people or property
- DThe claimant was rude to the defendant
3.Easy
What is the usual remedy for an ongoing private nuisance?
- AAn apology ordered by the court
- BAn injunction
- CRescission
- DA fine payable to the state
4.Medium
Pure economic loss caused by negligent acts is:
- ARecoverable only where the defendant's conduct was also a criminal offence of some kind
- BRecoverable only for companies
- CAlways recoverable
- DGenerally not recoverable, with exceptions such as negligent misstatement
5.Medium
Two 15-year-old girls fence with plastic rulers and one is injured in the eye. Under Mullin v Richards, the defendant's conduct is judged by the standard of:
- AThe defendant's own understanding
- BA reasonable adult
- CA reasonable teacher
- DA reasonable 15-year-old
6.Medium
A doctor builds a consulting room next to a confectioner whose noisy machines had operated for years without complaint. Can the confectioner defend a nuisance claim by saying the doctor "came to the nuisance"?
- ANo, because doctors have special protection
- BYes, the doctor accepted the noise by building there
- CYes, because the machines were used first
- DNo, coming to the nuisance is not a defence
7.Hard
A newspaper publishes that a model is attending Narcotics Anonymous, with details and photographs of her leaving a meeting. In Campbell v MGN, the House of Lords held:
- AOnly the fact of her addiction was private
- BThere was no claim, because the photographs were taken on a public street in London
- CThere was no claim, because she had lied about drug use
- DPublishing the details and photographs was a misuse of private information
8.Hard
Two children see their father collapse and die from a heart attack, long after a hospital negligently failed to diagnose his heart disease. In Paul v Royal Wolverhampton NHS Trust (2024), the Supreme Court held that:
- AThey could recover because they witnessed the death
- BThey were primary victims of the hospital's negligence
- CThe hospital owed them no duty as secondary victims
- DOnly their mother could claim for their shock
Answer key
- 1. B · Recover the full damages from either of them
- 2. C · It was reasonably necessary to prevent greater harm to people or property
- 3. B · An injunction
- 4. D · Generally not recoverable, with exceptions such as negligent misstatement
- 5. D · A reasonable 15-year-old
- 6. D · No, coming to the nuisance is not a defence
- 7. D · Publishing the details and photographs was a misuse of private information
- 8. C · The hospital owed them no duty as secondary victims
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