1.Easy
The tort of battery is:
- ACausing another person to reasonably fear that unlawful force is about to be used
- BMaking a false statement that harms someone's reputation
- CCarelessly injuring another person on the road
- DThe intentional and direct application of unlawful force to another person
2.Easy
In English law, who can normally sue in private nuisance?
- AAny visitor staying at the property
- BOnly the local authority
- CAnyone who lives at the property, including family members and lodgers
- DA person with a right to the land affected, such as an owner or tenant
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 duty that applies only in factories
- CA duty owed only to managers
- DA non-delegable duty
4.Medium
The Bolam test applies to:
- AOccupiers' liability to trespassers
- BDefamation defences
- CThe standard of care expected of professionals such as doctors
- DThe remoteness of damage
5.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
- CRecoverable only for companies
- DGenerally not recoverable, with exceptions such as negligent misstatement
6.Medium
A surgeon fails to warn a patient of a small risk of a serious complication. The patient would have had the operation anyway, but later. The risk materialises. In Chester v Afshar, the House of Lords held:
- AThe surgeon was not liable, as the "but for" test failed
- BThe patient consented, so there was no claim
- CThe surgeon was liable only for the cost of the operation
- DThe surgeon was liable, modifying normal causation principles
7.Hard
After drinking together for hours, a man agrees to fly with an obviously very drunk pilot, and the plane crashes. In Morris v Murray, the passenger's claim:
- ASucceeded, because volenti never applies to passengers
- BFailed, because of illegality
- CFailed, because he voluntarily accepted the risk
- DSucceeded, with damages reduced for contributory negligence
8.Hard
A police officer, without arresting her, takes hold of a woman's arm to stop her walking away so she can be questioned. In Collins v Wilcock:
- AThis was lawful, because she was suspected
- BThis was only an assault, as no harm was done
- CThis was a battery, as it went beyond acceptable everyday contact
- DThis was lawful, as police may restrain anyone they wish to question
Answer key
- 1. D · The intentional and direct application of unlawful force to another person
- 2. D · A person with a right to the land affected, such as an owner or tenant
- 3. D · A non-delegable duty
- 4. C · The standard of care expected of professionals such as doctors
- 5. D · Generally not recoverable, with exceptions such as negligent misstatement
- 6. D · The surgeon was liable, modifying normal causation principles
- 7. C · Failed, because he voluntarily accepted the risk
- 8. C · This was a battery, as it went beyond acceptable everyday contact
Full step-by-step solutions: practise this topic on examproblems.com.