1.Easy
Wrongfully dealing with another person's goods in a way that denies their rights, such as selling them, is the tort of:
- ANuisance
- BBattery
- CConversion
- DPassing off
2.Easy
Defamation protects a person's:
- AReputation
- BPrivacy of medical records only
- CPhysical safety
- DProperty
3.Easy
Donoghue v Stevenson is famous for:
- AEstablishing the "neighbour principle" for a general duty of care
- BEstablishing that manufacturers are liable only to those they contract with
- CDefining murder
- DEstablishing EU supremacy
4.Medium
A premature baby goes blind. Excess oxygen negligently given was only one of five possible causes. In Wilsher v Essex AHA, the claim:
- ASucceeded, with damages reduced by four fifths
- BFailed, because the claimant could not prove the negligence caused the blindness
- CFailed, because no duty was owed to a baby
- DSucceeded, because the negligence materially increased the risk of the blindness
5.Medium
Two chimney sweeps die from fumes while sealing a chimney, despite warnings about the danger. In Roles v Nathan, the occupier was:
- ALiable, because occupiers must make premises completely safe for every visitor, including specialists
- BNot liable, because specialists can be expected to guard against risks of their trade
- CNot liable, because the sweeps were trespassers
- DLiable, because the warnings were given orally
6.Medium
Workmen leave an open manhole with paraffin lamps. A boy knocks a lamp in, causing an unexpected explosion and burns. In Hughes v Lord Advocate, the defendants were:
- ANot liable, because the explosion was unforeseeable
- BLiable, because burns were a foreseeable type of harm
- CLiable only for half of the damage
- DNot liable, because the boy was a trespasser
7.Hard
In Lachaux v Independent Print (2019), the Supreme Court held that "serious harm" under section 1 of the Defamation Act 2013 must be shown:
- ABy reference to the actual impact of the statement, as a matter of fact
- BOnly by the inherent meaning of the words
- CBy the number of people who read it, which must exceed a fixed threshold
- DOnly by showing the claimant lost money
8.Hard
A "novus actus interveniens" can:
- ATurn a civil claim into a criminal one when the intervening act is an offence
- BIncrease the damages owed
- CBreak the chain of causation between the defendant's breach and the harm
- DCreate a new duty of care
Answer key
- 1. C · Conversion
- 2. A · Reputation
- 3. A · Establishing the "neighbour principle" for a general duty of care
- 4. B · Failed, because the claimant could not prove the negligence caused the blindness
- 5. B · Not liable, because specialists can be expected to guard against risks of their trade
- 6. B · Liable, because burns were a foreseeable type of harm
- 7. A · By reference to the actual impact of the statement, as a matter of fact
- 8. C · Break the chain of causation between the defendant's breach and the harm
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