1.Easy
For a defamation claim, the statement must be defamatory, refer to the claimant, and be:
- ARepeated by at least two people
- BPublished to at least one third party
- CPublished in print or on television
- DRead by the claimant personally
2.Easy
In English law, publishing private information without justification is mainly dealt with by the tort of:
- AMalicious falsehood
- BTrespass to land
- CDefamation
- DMisuse of private information
3.Easy
The defence of necessity in tort may justify an act when:
- AIt was reasonably necessary to prevent greater harm to people or property
- BThe defendant was in a hurry
- CThe act was necessary to protect the defendant's business profits from foreseeable loss
- DThe claimant was rude to the defendant
4.Medium
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:
- ANot liable, because repairs are not play
- BLiable only to the boy who used the jack
- CLiable, because the broad type of accident was foreseeable
- DNot liable, because the boys' exact actions were unforeseeable
5.Medium
An occupier hires a reputable lift company to maintain a lift. The company's negligence causes an accident. Under Haseldine v Daw, the occupier is:
- ALiable only if the lift is new
- BLiable, because maintenance is non-delegable
- CLiable for any defect on its premises
- DNot liable, if it reasonably chose a competent contractor
6.Medium
Heat from a neighbour's ordinary activity damages specially sensitive paper stored by the claimant, but would not harm ordinary paper. Under Robinson v Kilvert, the claim:
- AFails, because heat cannot be a nuisance
- BSucceeds, because any physical damage to goods is an actionable nuisance
- CFails, because nuisance does not protect abnormally sensitive uses
- DSucceeds, because the paper was valuable
7.Hard
A petrol station kiosk attendant racially abuses a customer, follows him outside and assaults him. In Mohamud v WM Morrison Supermarkets, the employer was:
- ALiable only if it had trained him poorly
- BVicariously liable, as the assault was closely connected to his job of serving customers
- CNot liable, because violence was not part of his job
- DNot liable, because the assault took place outside the kiosk and after the conversation ended
8.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:
- AFailed, because of illegality
- BSucceeded, with damages reduced for contributory negligence
- CFailed, because he voluntarily accepted the risk
- DSucceeded, because volenti never applies to passengers
Answer key
- 1. B · Published to at least one third party
- 2. D · Misuse of private information
- 3. A · It was reasonably necessary to prevent greater harm to people or property
- 4. C · Liable, because the broad type of accident was foreseeable
- 5. D · Not liable, if it reasonably chose a competent contractor
- 6. C · Fails, because nuisance does not protect abnormally sensitive uses
- 7. B · Vicariously liable, as the assault was closely connected to his job of serving customers
- 8. C · Failed, because he voluntarily accepted the risk
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