1.Easy
In a personal injury claim, "special damages" usually cover:
- ACompensation for pain, suffering and loss of amenity up to the date of the trial
- BSpecific financial losses up to trial, such as lost earnings and medical costs
- CExtra damages to punish the defendant
- DA nominal sum to mark that a right was infringed
2.Easy
In English law, the difference between libel and slander is that:
- ALibel is in permanent form, while slander is in a temporary form such as speech
- BLibel is a crime, while slander is a tort
- CLibel concerns companies and public bodies, while slander concerns private individuals
- DLibel must be true, while slander must be false
3.Easy
An employer's duty to provide competent staff, safe equipment, a safe place and a safe system of work is:
- AA duty that can be passed to any contractor
- BA non-delegable duty
- CA duty that applies only in factories
- DA duty owed only to managers
4.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 more than half of the total dust
- BWas the only cause of the disease
- CWas easier to prevent than the other dust
- DMaterially contributed to the disease
5.Medium
In a claim for psychiatric harm, a "secondary victim" must usually show:
- AA close tie of love and affection and closeness in time and space to the event
- BOnly that they suffered a recognised psychiatric illness after hearing of the event
- CThat they were paid to be present
- DPhysical injury of their own
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 boy was a trespasser
- BLiable, because burns were a foreseeable type of harm
- CLiable only for half of the damage
- DNot liable, because the explosion was unforeseeable
7.Hard
As a practical joke, a man falsely tells a woman that her husband has been badly injured. She suffers a serious illness from the shock. In Wilkinson v Downton, the man was:
- ALiable only in defamation
- BNot liable, because it was only a joke
- CLiable for intentionally causing physical harm by a false statement
- DNot liable, because there was no direct physical contact with the woman
8.Hard
A worker gets dermatitis from brick dust. The employer did not provide washing facilities, but science could not show that washing would have prevented it. In McGhee v National Coal Board:
- AThe employer was not liable, because the "but for" test could not be satisfied
- BThe worker was barred by consenting to the risk
- CThe employer was liable, because its breach materially increased the risk
- DThe employer was liable for half the damages only
Answer key
- 1. B · Specific financial losses up to trial, such as lost earnings and medical costs
- 2. A · Libel is in permanent form, while slander is in a temporary form such as speech
- 3. B · A non-delegable duty
- 4. D · Materially contributed to the disease
- 5. A · A close tie of love and affection and closeness in time and space to the event
- 6. B · Liable, because burns were a foreseeable type of harm
- 7. C · Liable for intentionally causing physical harm by a false statement
- 8. C · The employer was liable, because its breach materially increased the risk
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