1.Easy
The defence of necessity in tort may justify an act when:
- AIt was reasonably necessary to prevent greater harm to people or property
- BThe act was necessary to protect the defendant's business profits from foreseeable loss
- CThe claimant was rude to the defendant
- DThe defendant was in a hurry
2.Easy
Which three elements must a claimant usually prove in negligence?
- AIntention, motive and harm
- BContract, breach and loss
- CFault, punishment and apology
- DDuty of care, breach of that duty and damage caused by the breach
3.Easy
In general, a person who hires an independent contractor is:
- ALiable only if the contractor has no insurance
- BLiable for all torts committed in the same year
- CNot vicariously liable for the contractor's torts
- DAlways vicariously liable for the contractor's torts
4.Medium
A firefighter is injured by a heavy jack in an unsuitable lorry rushed to rescue a woman trapped under a vehicle. Under Watt v Hertfordshire CC, the fire authority was:
- ANegligent, because it used an unsuitable vehicle
- BNot negligent, because saving life justified the risk
- CNegligent, because firefighters must never take risks
- DStrictly liable for injuries to employees
5.Medium
Two 15-year-old girls fence with plastic rulers and one is injured in the eye. Under Mullin v Richards, the defendant's conduct is judged by the standard of:
- AA reasonable 15-year-old
- BA reasonable adult
- CThe defendant's own understanding
- DA reasonable teacher
6.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:
- ALiable, because burns were a foreseeable type of harm
- BNot liable, because the explosion was unforeseeable
- CNot liable, because the boy was a trespasser
- DLiable only for half of the damage
7.Hard
A man is prevented from walking along part of a bridge closed for an event, but is free to go back the way he came. In Bird v Jones, the court held:
- AThere was no false imprisonment, because his freedom was not totally restricted
- BThere was an assault, because he was blocked
- CThere was false imprisonment, because he could not continue the way he wanted to go
- DThere was false imprisonment, because the bridge was public
8.Hard
A woman's 999 call is wrongly graded, and the police arrive too late to stop her former partner killing her. In Michael v Chief Constable of South Wales Police, the Supreme Court held:
- AThe call handler alone was personally liable
- BThe police owed no duty in negligence to protect her
- CThe police were strictly liable for the delay
- DThe police owed a duty because they took the call
Answer key
- 1. A · It was reasonably necessary to prevent greater harm to people or property
- 2. D · Duty of care, breach of that duty and damage caused by the breach
- 3. C · Not vicariously liable for the contractor's torts
- 4. B · Not negligent, because saving life justified the risk
- 5. A · A reasonable 15-year-old
- 6. A · Liable, because burns were a foreseeable type of harm
- 7. A · There was no false imprisonment, because his freedom was not totally restricted
- 8. B · The police owed no duty in negligence to protect her
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