1.Easy
The tort of battery is:
- AMaking a false statement that harms someone's reputation
- BCausing another person to reasonably fear that unlawful force is about to be used
- CCarelessly injuring another person on the road
- DThe intentional and direct application of unlawful force to another person
2.Easy
In English law, who can normally sue in private nuisance?
- AAny visitor staying at the property
- BOnly the local authority
- CAnyone who lives at the property, including family members and lodgers
- DA person with a right to the land affected, such as an owner or tenant
3.Easy
In general, a person who hires an independent contractor is:
- ALiable for all torts committed in the same year
- BNot vicariously liable for the contractor's torts
- CLiable only if the contractor has no insurance
- DAlways vicariously liable for the contractor's torts
4.Medium
A five-year-old falls into a trench on open land while playing without an adult. In Phipps v Rochester Corporation, the occupier was:
- ALiable, because young children must be protected from every danger on the land
- BNot liable, because the child was a trespasser
- CLiable, because the trench was not fenced
- DNot liable, because it could expect parents to supervise very young children
5.Medium
A council leaves an abandoned boat on its land. Two boys jack it up to repair it, and it falls and injures one. In Jolley v Sutton LBC, the council was:
- ALiable, because the broad type of accident was foreseeable
- BLiable only to the boy who used the jack
- CNot liable, because repairs are not play
- DNot liable, because the boys' exact actions were unforeseeable
6.Medium
The Caparo test for a new duty of care requires:
- AIntention, motive and damage
- BForeseeability of harm, proximity and that it is fair, just and reasonable to impose a duty
- CProof of criminal conduct
- DA contract between the parties, a breach of its terms and loss flowing directly from the breach
7.Hard
As a practical joke, a man falsely tells a woman that her husband has been badly injured. She suffers a serious illness from the shock. In Wilkinson v Downton, the man was:
- ALiable for intentionally causing physical harm by a false statement
- BNot liable, because it was only a joke
- CLiable only in defamation
- DNot liable, because there was no direct physical contact with the woman
8.Hard
A police officer, without arresting her, takes hold of a woman's arm to stop her walking away so she can be questioned. In Collins v Wilcock:
- AThis was lawful, because she was suspected
- BThis was a battery, as it went beyond acceptable everyday contact
- CThis was lawful, as police may restrain anyone they wish to question
- DThis was only an assault, as no harm was done
Answer key
- 1. D · The intentional and direct application of unlawful force to another person
- 2. D · A person with a right to the land affected, such as an owner or tenant
- 3. B · Not vicariously liable for the contractor's torts
- 4. D · Not liable, because it could expect parents to supervise very young children
- 5. A · Liable, because the broad type of accident was foreseeable
- 6. B · Foreseeability of harm, proximity and that it is fair, just and reasonable to impose a duty
- 7. A · Liable for intentionally causing physical harm by a false statement
- 8. B · This was a battery, as it went beyond acceptable everyday contact
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