1.Easy
What is a tort?
- AA civil wrong, other than a breach of contract, that gives a right to compensation
- BA wrong punished by the state through fines, imprisonment or community service orders
- CA tax on damages
- DA type of contract
2.Easy
How do English courts usually treat a person injured while rescuing someone endangered by the defendant's negligence?
- AThey cannot claim, because they volunteered
- BThey can usually claim, because rescue is foreseeable
- CThey can claim only if they are professional rescuers, such as firefighters
- DThey can claim only half their damages
3.Easy
Contributory negligence usually leads to:
- AA reduction in the claimant's damages
- BComplete defeat of the claim in all modern systems
- CA higher award of damages
- DCriminal liability for the claimant
4.Medium
Police officers who helped at the Hillsborough disaster suffered psychiatric injury. In White v Chief Constable of South Yorkshire, their claims:
- ASucceeded, because rescuers are always treated as primary victims in English law
- BFailed, because they were not in physical danger and were not primary victims
- CSucceeded, because they were employees of the defendant
- DFailed, because the police can never sue their employer
5.Medium
A premature baby goes blind. Excess oxygen negligently given was only one of five possible causes. In Wilsher v Essex AHA, the claim:
- AFailed, because the claimant could not prove the negligence caused the blindness
- BFailed, because no duty was owed to a baby
- CSucceeded, with damages reduced by four fifths
- DSucceeded, because the negligence materially increased the risk of the blindness
6.Medium
A man bangs trays and shouts every time his neighbour, a music teacher, gives lessons, purely to annoy her. In Christie v Davey, the court held:
- AHis malice made the noise an unreasonable use of land and a nuisance
- BOnly the police could deal with the noise
- CMusic lessons are themselves a nuisance
- DIntention is irrelevant in nuisance, so his motive could not affect the claim
7.Hard
As a practical joke, a man falsely tells a woman that her husband has been badly injured. She suffers a serious illness from the shock. In Wilkinson v Downton, the man was:
- ALiable only in defamation
- BNot liable, because it was only a joke
- CLiable for intentionally causing physical harm by a false statement
- DNot liable, because there was no direct physical contact with the woman
8.Hard
A tall new building blocks television reception for many nearby homes. In Hunter v Canary Wharf, the House of Lords held:
- AThere was no nuisance, as nuisance requires noise
- BThere was a nuisance, but only the council could sue
- CThere was a nuisance, and all residents, including family members and lodgers, could sue
- DThere was no actionable nuisance, and only those with an interest in land could sue
Answer key
- 1. A · A civil wrong, other than a breach of contract, that gives a right to compensation
- 2. B · They can usually claim, because rescue is foreseeable
- 3. A · A reduction in the claimant's damages
- 4. B · Failed, because they were not in physical danger and were not primary victims
- 5. A · Failed, because the claimant could not prove the negligence caused the blindness
- 6. A · His malice made the noise an unreasonable use of land and a nuisance
- 7. C · Liable for intentionally causing physical harm by a false statement
- 8. D · There was no actionable nuisance, and only those with an interest in land could sue
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