1.Easy
Defamation protects a person's:
- APhysical safety
- BPrivacy of medical records only
- CReputation
- DProperty
2.Easy
An employer can be liable for torts committed by an employee during their work. This is called:
- AStrict liability for all acts
- BContributory negligence
- CNovus actus interveniens
- DVicarious liability
3.Easy
Trespass torts are "actionable per se", meaning:
- AThe claim must be brought within a month
- BThe claimant does not need to prove any damage
- COnly the state can bring the claim
- DThe claimant must prove serious harm
4.Medium
Auditors negligently certify a company's accounts. An investor relies on them to buy more shares and suffers loss. In Caparo v Dickman, the auditors:
- AOwed a duty to anyone relying on the accounts
- BOwed no duty to the investor for this purpose
- CWere strictly liable for errors in the accounts
- DOwed a duty because the investor was a shareholder
5.Medium
Under Dutch law, the general provision for liability for unlawful acts (onrechtmatige daad) is:
- AArticle 1 of the Constitution
- BArticle 3:40 BW
- CArticle 6:162 BW
- DArticle 7:17 BW
6.Medium
The Bolam test applies to:
- ADefamation defences
- BThe remoteness of damage
- COccupiers' liability to trespassers
- DThe standard of care expected of professionals such as doctors
7.Hard
In Fairchild v Glenhaven Funeral Services, the court allowed claims against employers even though the "but for" test could not be met because:
- ASeveral employers had exposed the victim to asbestos and it was impossible to say which caused the mesothelioma
- BThe victims had signed contracts with all the employers, which expressly allocated liability for asbestos disease
- CThe House of Lords abolished causation
- DThe employers admitted intention
8.Hard
The "eggshell skull" rule means that:
- AFragile victims cannot recover damages
- BHead injuries are compensated at a fixed rate
- CThe defendant must take the victim as found, including unusual vulnerabilities
- DOnly foreseeable claimants can sue
Answer key
- 1. C · Reputation
- 2. D · Vicarious liability
- 3. B · The claimant does not need to prove any damage
- 4. B · Owed no duty to the investor for this purpose
- 5. C · Article 6:162 BW
- 6. D · The standard of care expected of professionals such as doctors
- 7. A · Several employers had exposed the victim to asbestos and it was impossible to say which caused the mesothelioma
- 8. C · The defendant must take the victim as found, including unusual vulnerabilities
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