1.Easy
The phrase "res ipsa loquitur" in negligence means:
- AThe case cannot be decided without expert evidence on the standard of care
- BThe claimant has voluntarily accepted the risk
- CThe defendant is strictly liable for any harm
- DThe facts suggest negligence unless the defendant gives an explanation
2.Easy
How do English courts usually treat a person injured while rescuing someone endangered by the defendant's negligence?
- AThey can claim only if they are professional rescuers, such as firefighters
- BThey cannot claim, because they volunteered
- CThey can usually claim, because rescue is foreseeable
- DThey can claim only half their damages
3.Easy
An employer's duty to provide competent staff, safe equipment, a safe place and a safe system of work is:
- AA duty that can be passed to any contractor
- BA non-delegable duty
- CA duty that applies only in factories
- DA duty owed only to managers
4.Medium
In Bolitho v City and Hackney HA, the House of Lords added to the Bolam test that the professional opinion relied on must:
- ABe accepted by the patient
- BBe held by most doctors in the country
- CBe capable of withstanding logical analysis
- DBe written in a medical textbook
5.Medium
A cricket ball is hit out of a ground very rarely and injures a passer-by. In Bolton v Stone, the club was:
- ANegligent, because the injury was foreseeable
- BStrictly liable for anything leaving the ground
- CNegligent, because it did not stop playing cricket
- DNot negligent, because the risk was very small
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
- BPsychiatric injury is always recoverable after any road accident, however minor
- CHe had a close tie of love with the other driver
- DHe was a primary victim and personal injury of some kind was foreseeable
7.Hard
Fumes from a copper smelting works damage trees and shrubs on a nearby estate in an industrial area. In St Helen's Smelting v Tipping, the House of Lords held:
- AThere was no nuisance, because the character of the industrial area excused the fumes and the damage
- BThere was a nuisance only if the fumes were noisy
- CThe character of the locality was irrelevant, because there was physical damage to property
- DThe claimant came to the nuisance, so lost
8.Hard
Intruders start a fire in an empty, locked cinema, which spreads to neighbouring buildings. The owner did not know of earlier break-ins. In Smith v Littlewoods, the owner was:
- ALiable, because fire spreading is always foreseeable
- BLiable, because occupiers must guard against all intruders
- CStrictly liable under Rylands v Fletcher
- DNot liable, because it had no knowledge of the risk
Answer key
- 1. D · The facts suggest negligence unless the defendant gives an explanation
- 2. C · They can usually claim, because rescue is foreseeable
- 3. B · A non-delegable duty
- 4. C · Be capable of withstanding logical analysis
- 5. D · Not negligent, because the risk was very small
- 6. D · He was a primary victim and personal injury of some kind was foreseeable
- 7. C · The character of the locality was irrelevant, because there was physical damage to property
- 8. D · Not liable, because it had no knowledge of the risk
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