Tort law worksheet with answers

In negligence, the standard of care is usually that of:

1. AThe defendant's own personal best
2. BThe claimant's expectations
3. CThe reasonable person in the defendant's position
4. DA perfect expert in every case

In a personal injury claim, "special damages" usually cover:

1. AA nominal sum to mark that a right was infringed
2. BExtra damages to punish the defendant
3. CCompensation for pain, suffering and loss of amenity up to the date of the trial
4. DSpecific financial losses up to trial, such as lost earnings and medical costs

Under the Occupiers' Liability Act 1957, an occupier owes lawful visitors:

1. AThe common duty of care
2. BA duty only to warn of hidden dangers
3. CStrict liability for any injury on the premises
4. DNo duty unless there is a contract

In a claim for psychiatric harm, a "secondary victim" must usually show:

1. AA close tie of love and affection and closeness in time and space to the event
2. BPhysical injury of their own
3. CThat they were paid to be present
4. DOnly that they suffered a recognised psychiatric illness after hearing of the event

The "but for" test is used to establish:

1. ADuty of care
2. BRemoteness of damage
3. CFactual causation
4. DThe standard of care

A driver is in a minor collision, suffers no physical injury, but his chronic fatigue illness becomes permanent. In Page v Smith, he could recover because:

1. APsychiatric injury is always recoverable after any road accident, however minor
2. BHe had a close tie of love with the other driver
3. CThe defendant intended to injure him
4. DHe was a primary victim and personal injury of some kind was foreseeable

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:

1. AThe employer was liable, because its breach materially increased the risk
2. BThe employer was liable for half the damages only
3. CThe worker was barred by consenting to the risk
4. DThe employer was not liable, because the "but for" test could not be satisfied

A surveyor values a modest house for a mortgage lender, knowing the buyer will rely on it. The report is negligent and contains a disclaimer. In Smith v Eric S Bush, the House of Lords held:

1. AThe lender alone could sue the surveyor
2. BThe disclaimer excluded all liability to the buyer
3. CThe surveyor owed no duty, because the buyer was not the client who commissioned the report
4. DThe surveyor owed a duty to the buyer, and the disclaimer failed the reasonableness test