Tort law worksheet with answers

To bring a private claim for public nuisance, a claimant must show:

1. AThat the defendant intended to cause harm
2. BThat a criminal conviction has been obtained
3. CAn interest in land next to the place where the nuisance occurs
4. DSpecial damage beyond that suffered by the public in general

Under the Occupiers' Liability Act 1957, an occupier owes lawful visitors:

1. AA duty only to warn of hidden dangers
2. BNo duty unless there is a contract
3. CStrict liability for any injury on the premises
4. DThe common duty of care

An employer can be liable for torts committed by an employee during their work. This is called:

1. AStrict liability for all acts
2. BNovus actus interveniens
3. CContributory negligence
4. DVicarious liability

Patients are paralysed by anaesthetic contaminated through invisible cracks in glass ampoules, a risk unknown to doctors at the time. Under Roe v Minister of Health, the hospital was:

1. ANegligent, judged by the medical knowledge available at trial
2. BNegligent, because harm occurred in hospital
3. CStrictly liable for any harm from drugs
4. DNot negligent, judged by the knowledge available at the time

An occupier hires a reputable lift company to maintain a lift. The company's negligence causes an accident. Under Haseldine v Daw, the occupier is:

1. ALiable, because maintenance is non-delegable
2. BLiable only if the lift is new
3. CLiable for any defect on its premises
4. DNot liable, if it reasonably chose a competent contractor

Two chimney sweeps die from fumes while sealing a chimney, despite warnings about the danger. In Roles v Nathan, the occupier was:

1. ANot liable, because the sweeps were trespassers
2. BLiable, because occupiers must make premises completely safe for every visitor, including specialists
3. CNot liable, because specialists can be expected to guard against risks of their trade
4. DLiable, because the warnings were given orally

Under the EU Product Liability Directive, the "development risks" defence allows a producer to escape liability if:

1. AThe producer was not negligent in manufacturing
2. BThe product was sold at a low price
3. CThe state of scientific and technical knowledge when the product was circulated did not allow the defect to be discovered
4. DThe consumer did not read the instructions

A surveyor values a modest house for a mortgage lender, knowing the buyer will rely on it. The report is negligent and contains a disclaimer. In Smith v Eric S Bush, the House of Lords held:

1. AThe surveyor owed a duty to the buyer, and the disclaimer failed the reasonableness test
2. BThe surveyor owed no duty, because the buyer was not the client who commissioned the report
3. CThe disclaimer excluded all liability to the buyer
4. DThe lender alone could sue the surveyor