1.Easy
Exemplary (punitive) damages in English tort law aim to:
- APunish the defendant for outrageous conduct
- BReturn any profit the claimant has lost
- CReflect the claimant's injured feelings
- DCompensate the claimant's financial loss
2.Easy
In general, a person who hires an independent contractor is:
- AAlways vicariously liable for the contractor's torts
- BLiable for all torts committed in the same year
- CLiable only if the contractor has no insurance
- DNot vicariously liable for the contractor's torts
3.Easy
Under section 1 of the Defamation Act 2013, a statement is not defamatory unless:
- AThe defendant intended to harm the claimant or was reckless as to whether it would
- BThe claimant has lost money because of it
- CIt has caused or is likely to cause serious harm to the claimant's reputation
- DIt was published in a newspaper or online
4.Medium
Two 15-year-old girls fence with plastic rulers and one is injured in the eye. Under Mullin v Richards, the defendant's conduct is judged by the standard of:
- AThe defendant's own understanding
- BA reasonable adult
- CA reasonable teacher
- DA reasonable 15-year-old
5.Medium
A learner driver on her third lesson crashes and injures her instructor. Under Nettleship v Weston, her driving is judged by the standard of:
- AA professional racing driver
- BA reasonably competent and experienced driver
- CA reasonable learner at the same stage
- DHer own best efforts as a beginner
6.Medium
Auditors negligently certify a company's accounts. An investor relies on them to buy more shares and suffers loss. In Caparo v Dickman, the auditors:
- AOwed a duty to anyone relying on the accounts
- BWere strictly liable for errors in the accounts
- COwed a duty because the investor was a shareholder
- DOwed no duty to the investor for this purpose
7.Hard
Under section 4 of the Defamation Act 2013, the public interest defence requires that:
- AThe statement is shown to be substantially true
- BThe statement was on a matter of public interest and the defendant reasonably believed publishing it was in the public interest
- CThe statement was made in Parliament or in court
- DThe statement was on a matter of public interest and the defendant honestly believed that every factual claim it contained was true
8.Hard
A man's leg is injured by a negligent driver. Later, robbers shoot the same leg and it is amputated. In Baker v Willoughby, the driver:
- AWas liable only until the shooting
- BWas liable for the amputation too
- CRemained liable for the original disability after the shooting
- DWas released completely from liability by the robbers' later shooting
Answer key
- 1. A · Punish the defendant for outrageous conduct
- 2. D · Not vicariously liable for the contractor's torts
- 3. C · It has caused or is likely to cause serious harm to the claimant's reputation
- 4. D · A reasonable 15-year-old
- 5. B · A reasonably competent and experienced driver
- 6. D · Owed no duty to the investor for this purpose
- 7. B · The statement was on a matter of public interest and the defendant reasonably believed publishing it was in the public interest
- 8. C · Remained liable for the original disability after the shooting
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