Tort law worksheet with answers

Trespass to land means:

1. AEntering or remaining on another's land without permission
2. BSelling land without a contract
3. CBuilding a house on your own land
4. DMaking noise on your own land

To bring a private claim for public nuisance, a claimant must show:

1. AThat the defendant intended to cause harm
2. BAn interest in land next to the place where the nuisance occurs
3. CThat a criminal conviction has been obtained
4. DSpecial damage beyond that suffered by the public in general

In England and Wales, a negligence claim for personal injury must usually be started within:

1. AThree years of the injury or the date of knowledge
2. BOne year of the injury
3. CTwelve years of the injury
4. DSix years of the injury

A young man dives into a shallow lake in a public park despite warning signs and is paralysed. In Tomlinson v Congleton BC, the council was:

1. ALiable, because the signs were ignored by many
2. BLiable for half of the damage
3. CLiable, because it did not destroy the beach
4. DNot liable, because the risk was obvious and voluntarily taken

Under Dutch law, the general provision for liability for unlawful acts (onrechtmatige daad) is:

1. AArticle 3:40 BW
2. BArticle 6:162 BW
3. CArticle 7:17 BW
4. DArticle 1 of the Constitution

The Caparo test for a new duty of care requires:

1. AIntention, motive and damage
2. BForeseeability of harm, proximity and that it is fair, just and reasonable to impose a duty
3. CProof of criminal conduct
4. DA contract between the parties, a breach of its terms and loss flowing directly from the breach

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:

1. ARequiring proof of "but for" causation in all cases
2. BCreating a state compensation fund to replace tort claims against employers and their insurers entirely
3. CAbolishing claims for asbestos disease
4. DMaking each responsible person liable for the whole damage, under the Compensation Act 2006

In Fairchild v Glenhaven Funeral Services, the court allowed claims against employers even though the "but for" test could not be met because:

1. AThe employers admitted intention
2. BSeveral employers had exposed the victim to asbestos and it was impossible to say which caused the mesothelioma
3. CThe House of Lords abolished causation
4. DThe victims had signed contracts with all the employers, which expressly allocated liability for asbestos disease