1.Easy
The phrase "res ipsa loquitur" in negligence means:
- AThe defendant is strictly liable for any harm
- BThe case cannot be decided without expert evidence on the standard of care
- CThe facts suggest negligence unless the defendant gives an explanation
- DThe claimant has voluntarily accepted the risk
2.Easy
Donoghue v Stevenson is famous for:
- AEstablishing EU supremacy
- BEstablishing the "neighbour principle" for a general duty of care
- CDefining murder
- DEstablishing that manufacturers are liable only to those they contract with
3.Easy
Under the Occupiers' Liability Act 1957, an occupier must be prepared for children to be:
- AAs careful as adults
- BKept off the premises entirely
- CLess careful than adults
- DAlways supervised by parents
4.Medium
A solicitor negligently delays preparing a new will, and the client dies before signing. The intended beneficiaries lose their gifts. In White v Jones, the solicitor:
- AWas liable to the disappointed beneficiaries
- BWas not liable, because the will was never signed
- CWas not liable, because there was no contract with them
- DWas liable only to the client's estate
5.Medium
Two chimney sweeps die from fumes while sealing a chimney, despite warnings about the danger. In Roles v Nathan, the occupier was:
- ANot liable, because specialists can be expected to guard against risks of their trade
- BNot liable, because the sweeps were trespassers
- CLiable, because the warnings were given orally
- DLiable, because occupiers must make premises completely safe for every visitor, including specialists
6.Medium
The Bolam test applies to:
- AThe remoteness of damage
- BDefamation defences
- CThe standard of care expected of professionals such as doctors
- DOccupiers' liability to trespassers
7.Hard
A petrol station kiosk attendant racially abuses a customer, follows him outside and assaults him. In Mohamud v WM Morrison Supermarkets, the employer was:
- ANot liable, because the assault took place outside the kiosk and after the conversation ended
- BLiable only if it had trained him poorly
- CNot liable, because violence was not part of his job
- DVicariously liable, as the assault was closely connected to his job of serving customers
8.Hard
A tall new building blocks television reception for many nearby homes. In Hunter v Canary Wharf, the House of Lords held:
- AThere was no actionable nuisance, and only those with an interest in land could sue
- BThere was a nuisance, and all residents, including family members and lodgers, could sue
- CThere was a nuisance, but only the council could sue
- DThere was no nuisance, as nuisance requires noise
Answer key
- 1. C · The facts suggest negligence unless the defendant gives an explanation
- 2. B · Establishing the "neighbour principle" for a general duty of care
- 3. C · Less careful than adults
- 4. A · Was liable to the disappointed beneficiaries
- 5. A · Not liable, because specialists can be expected to guard against risks of their trade
- 6. C · The standard of care expected of professionals such as doctors
- 7. D · Vicariously liable, as the assault was closely connected to his job of serving customers
- 8. A · There was no actionable nuisance, and only those with an interest in land could sue
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