1.Easy
Trespass to land means:
- ABuilding a house on your own land
- BMaking noise on your own land
- CEntering or remaining on another's land without permission
- DSelling land without a contract
2.Easy
Which three elements must a claimant usually prove in negligence?
- ADuty of care, breach of that duty and damage caused by the breach
- BContract, breach and loss
- CFault, punishment and apology
- DIntention, motive and harm
3.Easy
In a personal injury claim, "special damages" usually cover:
- ASpecific financial losses up to trial, such as lost earnings and medical costs
- BCompensation for pain, suffering and loss of amenity up to the date of the trial
- CExtra damages to punish the defendant
- DA nominal sum to mark that a right was infringed
4.Medium
Rylands v Fletcher liability concerns:
- ADefamation in newspapers
- BLiability for any harm caused by careless use of land, even without escape
- CEscape of a dangerous thing brought onto land in a non-natural use
- DMedical negligence
5.Medium
Under Froom v Butcher, if wearing a seatbelt would have prevented a car passenger's injuries entirely, damages are usually reduced by:
- A25%
- B10%
- C75%
- D50%
6.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:
- ANot liable, because repairs are not play
- BLiable only to the boy who used the jack
- CLiable, because the broad type of accident was foreseeable
- DNot liable, because the boys' exact actions were unforeseeable
7.Hard
After Barker v Corus held that liability under the Fairchild exception was proportionate to each defendant's share of the risk, Parliament responded for mesothelioma cases by:
- ACreating a state compensation fund to replace tort claims against employers and their insurers entirely
- BRequiring proof of "but for" causation in all cases
- CAbolishing claims for asbestos disease
- DMaking each responsible person liable for the whole damage, under the Compensation Act 2006
8.Hard
Under section 4 of the Defamation Act 2013, the public interest defence requires that:
- AThe statement was made in Parliament or in court
- BThe statement is shown to be substantially true
- CThe statement was on a matter of public interest and the defendant reasonably believed publishing it was in the public interest
- DThe statement was on a matter of public interest and the defendant honestly believed that every factual claim it contained was true
Answer key
- 1. C · Entering or remaining on another's land without permission
- 2. A · Duty of care, breach of that duty and damage caused by the breach
- 3. A · Specific financial losses up to trial, such as lost earnings and medical costs
- 4. C · Escape of a dangerous thing brought onto land in a non-natural use
- 5. A · 25%
- 6. C · Liable, because the broad type of accident was foreseeable
- 7. D · Making each responsible person liable for the whole damage, under the Compensation Act 2006
- 8. C · The statement was on a matter of public interest and the defendant reasonably believed publishing it was in the public interest
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