1.Easy
What is the usual remedy for an ongoing private nuisance?
- AAn injunction
- BRescission
- CA fine payable to the state
- DAn apology ordered by the court
2.Easy
Contributory negligence usually leads to:
- AA reduction in the claimant's damages
- BA higher award of damages
- CComplete defeat of the claim in all modern systems
- DCriminal liability for the claimant
3.Easy
Under the Occupiers' Liability Act 1957, an occupier must be prepared for children to be:
- AKept off the premises entirely
- BAlways supervised by parents
- CLess careful than adults
- DAs careful as adults
4.Medium
Under Montgomery v Lanarkshire Health Board, a doctor must inform a patient about:
- AMaterial risks of treatment and reasonable alternatives
- BNothing, unless the patient asks
- COnly the risks other doctors would usually mention
- DEvery possible risk, however remote
5.Medium
A house is built on defective foundations, approved by the local authority. Cracks appear and the owner sells at a loss. In Murphy v Brentwood DC, the loss was:
- ARecoverable because the council approved the plans
- BPhysical damage, fully recoverable
- CRecoverable only against the buyer
- DPure economic loss, not recoverable in negligence
6.Medium
Strict liability means a defendant can be liable:
- AOnly for criminal acts
- BWithout proof of fault
- COnly if they acted intentionally
- DOnly if they broke a contract
7.Hard
A mother arrives at hospital about two hours after a road accident and sees her family injured and covered in blood. In McLoughlin v O'Brian, she:
- ACould recover, as she saw the immediate aftermath
- BCould not recover, as she was only told about it
- CCould not recover, as she was not at the scene
- DCould recover only for financial losses
8.Hard
In occupiers' liability, the duty owed to trespassers in English law is:
- ALower than to visitors, arising only in specific circumstances under the 1984 Act
- BHigher than to lawful visitors
- CExactly the same as to lawful visitors, under the common duty of care in the 1957 Act
- DNon-existent in all circumstances
Answer key
- 1. A · An injunction
- 2. A · A reduction in the claimant's damages
- 3. C · Less careful than adults
- 4. A · Material risks of treatment and reasonable alternatives
- 5. D · Pure economic loss, not recoverable in negligence
- 6. B · Without proof of fault
- 7. A · Could recover, as she saw the immediate aftermath
- 8. A · Lower than to visitors, arising only in specific circumstances under the 1984 Act
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