1.Easy
The tort of battery is:
- ACausing another person to reasonably fear that unlawful force is about to be used
- BCarelessly injuring another person on the road
- CMaking a false statement that harms someone's reputation
- DThe intentional and direct application of unlawful force to another person
2.Easy
In England and Wales, a negligence claim for personal injury must usually be started within:
- ATwelve years of the injury
- BOne year of the injury
- CSix years of the injury
- DThree years of the injury or the date of knowledge
3.Easy
In negligence, the standard of care is usually that of:
- AThe claimant's expectations
- BThe reasonable person in the defendant's position
- CA perfect expert in every case
- DThe defendant's own personal best
4.Medium
The Wagon Mound case concerns which issue?
- ADirectness: a defendant is liable for all direct consequences of the breach
- BDuty of care to unborn children
- CStrict liability for animals
- DRemoteness: only reasonably foreseeable types of damage are recoverable
5.Medium
An occupier hires a reputable lift company to maintain a lift. The company's negligence causes an accident. Under Haseldine v Daw, the occupier is:
- ALiable only if the lift is new
- BLiable for any defect on its premises
- CLiable, because maintenance is non-delegable
- DNot liable, if it reasonably chose a competent contractor
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:
- ANot liable, because the explosion was unforeseeable
- BLiable only for half of the damage
- CLiable, because burns were a foreseeable type of harm
- DNot liable, because the boy was a trespasser
7.Hard
In Hedley Byrne v Heller, liability for negligent misstatement arose because:
- AThe defendant intended to deceive
- BThe statement caused physical injury
- CThere was a contract between the parties under which the bank was paid a fee for the reference it gave
- DThere was a special relationship in which the claimant reasonably relied on advice given with skill
8.Hard
A bank requires job applicants to have medical examinations by a self-employed doctor, who abuses some of them. In Barclays Bank v Various Claimants (2020), the Supreme Court held the bank:
- AStrictly liable for any harm to applicants
- BVicariously liable, as the relationship was akin to employment and the bank benefited from his work
- CVicariously liable, because it chose the doctor
- DNot vicariously liable, as the doctor was an independent contractor running his own business
Answer key
- 1. D · The intentional and direct application of unlawful force to another person
- 2. D · Three years of the injury or the date of knowledge
- 3. B · The reasonable person in the defendant's position
- 4. D · Remoteness: only reasonably foreseeable types of damage are recoverable
- 5. D · Not liable, if it reasonably chose a competent contractor
- 6. C · Liable, because burns were a foreseeable type of harm
- 7. D · There was a special relationship in which the claimant reasonably relied on advice given with skill
- 8. D · Not vicariously liable, as the doctor was an independent contractor running his own business
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