1.Easy
The defence of necessity in tort may justify an act when:
- AThe claimant was rude to the defendant
- BIt was reasonably necessary to prevent greater harm to people or property
- CThe act was necessary to protect the defendant's business profits from foreseeable loss
- DThe defendant was in a hurry
2.Easy
In English law, is there a general duty to rescue a stranger in danger?
- AYes, but only for trained professionals
- BNo, unless the stranger asks for help
- CNo, there is generally no liability for a pure omission
- DYes, everyone must try to rescue anyone in danger
3.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
4.Medium
Pure economic loss caused by negligent acts is:
- AAlways recoverable
- BRecoverable only where the defendant's conduct was also a criminal offence of some kind
- CGenerally not recoverable, with exceptions such as negligent misstatement
- DRecoverable only for companies
5.Medium
A worker inhales silica dust from two sources, only one of which was due to the employer's breach. In Bonnington Castings v Wardlaw, the employer was liable because the guilty dust:
- AWas easier to prevent than the other dust
- BWas more than half of the total dust
- CMaterially contributed to the disease
- DWas the only cause of the disease
6.Medium
In Bolitho v City and Hackney HA, the House of Lords added to the Bolam test that the professional opinion relied on must:
- ABe accepted by the patient
- BBe capable of withstanding logical analysis
- CBe written in a medical textbook
- DBe held by most doctors in the country
7.Hard
A tall new building blocks television reception for many nearby homes. In Hunter v Canary Wharf, the House of Lords held:
- AThere was a nuisance, but only the council could sue
- BThere was no nuisance, as nuisance requires noise
- CThere was no actionable nuisance, and only those with an interest in land could sue
- DThere was a nuisance, and all residents, including family members and lodgers, could sue
8.Hard
A man is prevented from walking along part of a bridge closed for an event, but is free to go back the way he came. In Bird v Jones, the court held:
- AThere was false imprisonment, because he could not continue the way he wanted to go
- BThere was false imprisonment, because the bridge was public
- CThere was an assault, because he was blocked
- DThere was no false imprisonment, because his freedom was not totally restricted
Answer key
- 1. B · It was reasonably necessary to prevent greater harm to people or property
- 2. C · No, there is generally no liability for a pure omission
- 3. D · Vicarious liability
- 4. C · Generally not recoverable, with exceptions such as negligent misstatement
- 5. C · Materially contributed to the disease
- 6. B · Be capable of withstanding logical analysis
- 7. C · There was no actionable nuisance, and only those with an interest in land could sue
- 8. D · There was no false imprisonment, because his freedom was not totally restricted
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