1.Easy
What is a tort?
- AA type of contract
- BA wrong punished by the state through fines, imprisonment or community service orders
- CA civil wrong, other than a breach of contract, that gives a right to compensation
- DA tax on damages
2.Easy
Trespass to land means:
- ASelling land without a contract
- BBuilding a house on your own land
- CEntering or remaining on another's land without permission
- DMaking noise on your own land
3.Easy
In England and Wales, a negligence claim for personal injury must usually be started within:
- AOne year of the injury
- BTwelve years of the injury
- CThree years of the injury or the date of knowledge
- DSix years of the injury
4.Medium
A boarding-house warden employed by a school abuses the boys in his care. In Lister v Hesley Hall, the employer was:
- AVicariously liable, because the abuse was closely connected with his duties
- BLiable only for its own negligent hiring
- CNot liable, because abuse is never within the course of the warden's employment
- DNot liable, because the warden acted for himself
5.Medium
The Caparo test for a new duty of care requires:
- AProof of criminal conduct
- BIntention, motive and damage
- CForeseeability of harm, proximity and that it is fair, just and reasonable to impose a duty
- DA contract between the parties, a breach of its terms and loss flowing directly from the breach
6.Medium
Strict liability means a defendant can be liable:
- AOnly for criminal acts
- BOnly if they acted intentionally
- COnly if they broke a contract
- DWithout proof of fault
7.Hard
Residents complain of noise from a motor sports stadium that had been used for years and had planning permission. In Coventry v Lawrence, the Supreme Court held that:
- AComing to the nuisance was a complete defence
- BPlanning permission was a complete defence to the nuisance claim
- CCourts must always grant an injunction where nuisance is proved
- DPlanning permission was not in itself a defence, and damages instead of an injunction should be considered more flexibly
8.Hard
Police officers arresting a suspect in a busy street knock over an elderly pedestrian. In Robinson v Chief Constable of West Yorkshire, the Supreme Court held:
- AA duty arose only because she was a victim of crime
- BA duty was owed, since the police caused harm by a positive act
- CNo duty was owed, as the Caparo test was not met for police operations
- DNo duty was owed, because the police are immune
Answer key
- 1. C · A civil wrong, other than a breach of contract, that gives a right to compensation
- 2. C · Entering or remaining on another's land without permission
- 3. C · Three years of the injury or the date of knowledge
- 4. A · Vicariously liable, because the abuse was closely connected with his duties
- 5. C · Foreseeability of harm, proximity and that it is fair, just and reasonable to impose a duty
- 6. D · Without proof of fault
- 7. D · Planning permission was not in itself a defence, and damages instead of an injunction should be considered more flexibly
- 8. B · A duty was owed, since the police caused harm by a positive act
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