Tort law worksheet with answers

A civil claim for breach of statutory duty succeeds only if:

1. AThe claimant has no other possible claim
2. BThe statute creates any duty at all
3. CThe defendant has also been convicted of a criminal offence under the statute
4. DParliament intended the statute to give individuals a right to sue

Private nuisance concerns:

1. ABreaking a contract with a neighbour
2. BUnreasonable interference with a person's use or enjoyment of land
3. CDamage to personal reputation
4. DAny loud noise in a public place

Donoghue v Stevenson is famous for:

1. AEstablishing that manufacturers are liable only to those they contract with
2. BDefining murder
3. CEstablishing EU supremacy
4. DEstablishing the "neighbour principle" for a general duty of care

In Bolitho v City and Hackney HA, the House of Lords added to the Bolam test that the professional opinion relied on must:

1. ABe capable of withstanding logical analysis
2. BBe written in a medical textbook
3. CBe accepted by the patient
4. DBe held by most doctors in the country

A five-year-old falls into a trench on open land while playing without an adult. In Phipps v Rochester Corporation, the occupier was:

1. ALiable, because the trench was not fenced
2. BNot liable, because the child was a trespasser
3. CNot liable, because it could expect parents to supervise very young children
4. DLiable, because young children must be protected from every danger on the land

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

A mother arrives at hospital about two hours after a road accident and sees her family injured and covered in blood. In McLoughlin v O'Brian, she:

1. ACould recover, as she saw the immediate aftermath
2. BCould recover only for financial losses
3. CCould not recover, as she was not at the scene
4. DCould not recover, as she was only told about it

Members of a religious teaching order abused pupils at schools. The brothers were not employees of the order. In Various Claimants v Catholic Child Welfare Society, the Supreme Court held the order:

1. ALiable only in contract to the schools
2. BNot liable, because the order did not own the schools
3. CNot liable, because the brothers were not employees
4. DVicariously liable, as the relationship was akin to employment