Tort law worksheet with answers

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

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

Under the Defamation Act 2013, the defence of truth requires the defendant to show that:

1. AThe statement was on a matter of public interest
2. BThe defendant honestly and reasonably believed the statement was true
3. CEvery single word of the statement is accurate
4. DThe imputation conveyed by the statement is substantially true

Private nuisance concerns:

1. ADamage to personal reputation
2. BBreaking a contract with a neighbour
3. CUnreasonable interference with a person's use or enjoyment of land
4. DAny loud noise in a public place

A council leaves an abandoned boat on its land. Two boys jack it up to repair it, and it falls and injures one. In Jolley v Sutton LBC, the council was:

1. ALiable only to the boy who used the jack
2. BNot liable, because repairs are not play
3. CNot liable, because the boys' exact actions were unforeseeable
4. DLiable, because the broad type of accident was foreseeable

The Wagon Mound case concerns which issue?

1. ADuty of care to unborn children
2. BDirectness: a defendant is liable for all direct consequences of the breach
3. CStrict liability for animals
4. DRemoteness: only reasonably foreseeable types of damage are recoverable

A five-year-old falls into a trench on open land while playing without an adult. In Phipps v Rochester Corporation, the occupier was:

1. ALiable, because the trench was not fenced
2. BNot liable, because it could expect parents to supervise very young children
3. CLiable, because young children must be protected from every danger on the land
4. DNot liable, because the child was a trespasser

Which statement about the "loss of a chance" doctrine in English medical negligence is correct?

1. AA lost chance of recovery below 50% is generally not compensated (Gregg v Scott)
2. BThe doctrine applies only to economic loss in all cases
3. CLost chances are compensated proportionately, as in claims for lost commercial chances
4. DAny lost chance is fully compensated

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:

1. ACould recover, as she saw the immediate aftermath
2. BCould recover only for financial losses
3. CCould not recover, as she was not at the scene
4. DCould not recover, as she was only told about it