1.Easy
In general, a person who hires an independent contractor is:
- AAlways vicariously liable for the contractor's torts
- BLiable for all torts committed in the same year
- CLiable only if the contractor has no insurance
- DNot vicariously liable for the contractor's torts
2.Easy
In English law, publishing private information without justification is mainly dealt with by the tort of:
- AMisuse of private information
- BDefamation
- CTrespass to land
- DMalicious falsehood
3.Easy
How do English courts usually treat a person injured while rescuing someone endangered by the defendant's negligence?
- AThey can claim only if they are professional rescuers, such as firefighters
- BThey cannot claim, because they volunteered
- CThey can usually claim, because rescue is foreseeable
- DThey can claim only half their damages
4.Medium
Heat from a neighbour's ordinary activity damages specially sensitive paper stored by the claimant, but would not harm ordinary paper. Under Robinson v Kilvert, the claim:
- AFails, because nuisance does not protect abnormally sensitive uses
- BSucceeds, because any physical damage to goods is an actionable nuisance
- CFails, because heat cannot be a nuisance
- DSucceeds, because the paper was valuable
5.Medium
A driver is in a minor collision, suffers no physical injury, but his chronic fatigue illness becomes permanent. In Page v Smith, he could recover because:
- AHe had a close tie of love with the other driver
- BHe was a primary victim and personal injury of some kind was foreseeable
- CThe defendant intended to injure him
- DPsychiatric injury is always recoverable after any road accident, however minor
6.Medium
A learner driver on her third lesson crashes and injures her instructor. Under Nettleship v Weston, her driving is judged by the standard of:
- AA reasonably competent and experienced driver
- BHer own best efforts as a beginner
- CA professional racing driver
- DA reasonable learner at the same stage
7.Hard
The "eggshell skull" rule means that:
- AFragile victims cannot recover damages
- BOnly foreseeable claimants can sue
- CHead injuries are compensated at a fixed rate
- DThe defendant must take the victim as found, including unusual vulnerabilities
8.Hard
A man's leg is injured by a negligent driver. Later, robbers shoot the same leg and it is amputated. In Baker v Willoughby, the driver:
- AWas liable for the amputation too
- BWas released completely from liability by the robbers' later shooting
- CWas liable only until the shooting
- DRemained liable for the original disability after the shooting
Answer key
- 1. D · Not vicariously liable for the contractor's torts
- 2. A · Misuse of private information
- 3. C · They can usually claim, because rescue is foreseeable
- 4. A · Fails, because nuisance does not protect abnormally sensitive uses
- 5. B · He was a primary victim and personal injury of some kind was foreseeable
- 6. A · A reasonably competent and experienced driver
- 7. D · The defendant must take the victim as found, including unusual vulnerabilities
- 8. D · Remained liable for the original disability after the shooting
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