1.Easy
For a defamation claim, the statement must be defamatory, refer to the claimant, and be:
- ARepeated by at least two people
- BPublished to at least one third party
- CPublished in print or on television
- DRead by the claimant personally
2.Easy
In English law, is there a general duty to rescue a stranger in danger?
- ANo, unless the stranger asks for help
- BYes, but only for trained professionals
- CYes, everyone must try to rescue anyone in danger
- DNo, there is generally no liability for a pure omission
3.Easy
Under the Defamation Act 2013, the defence of truth requires the defendant to show that:
- AThe defendant honestly and reasonably believed the statement was true
- BThe imputation conveyed by the statement is substantially true
- CThe statement was on a matter of public interest
- DEvery single word of the statement is accurate
4.Medium
A young man dives into a shallow lake in a public park despite warning signs and is paralysed. In Tomlinson v Congleton BC, the council was:
- ALiable, because it did not destroy the beach
- BLiable, because the signs were ignored by many
- CNot liable, because the risk was obvious and voluntarily taken
- DLiable for half of the damage
5.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 boy was a trespasser
- BLiable, because burns were a foreseeable type of harm
- CNot liable, because the explosion was unforeseeable
- DLiable only for half of the damage
6.Medium
A boarding-house warden employed by a school abuses the boys in his care. In Lister v Hesley Hall, the employer was:
- ANot liable, because abuse is never within the course of the warden's employment
- BNot liable, because the warden acted for himself
- CLiable only for its own negligent hiring
- DVicariously liable, because the abuse was closely connected with his duties
7.Hard
Young offenders escape while their officers sleep, and damage a yacht nearby. In Home Office v Dorset Yacht Co, the House of Lords held:
- AA duty could be owed, because the officers had control over the offenders
- BThe yacht owner was contributorily negligent
- CNo duty, because the Home Office is part of the Crown
- DNo duty, because the damage was done by third parties acting of their own free will
8.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 violence was not part of his job
- BLiable only if it had trained him poorly
- CVicariously liable, as the assault was closely connected to his job of serving customers
- DNot liable, because the assault took place outside the kiosk and after the conversation ended
Answer key
- 1. B · Published to at least one third party
- 2. D · No, there is generally no liability for a pure omission
- 3. B · The imputation conveyed by the statement is substantially true
- 4. C · Not liable, because the risk was obvious and voluntarily taken
- 5. B · Liable, because burns were a foreseeable type of harm
- 6. D · Vicariously liable, because the abuse was closely connected with his duties
- 7. A · A duty could be owed, because the officers had control over the offenders
- 8. C · Vicariously liable, as the assault was closely connected to his job of serving customers
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