1.Easy
Trespass torts are "actionable per se", meaning:
- AThe claimant must prove serious harm
- BThe claimant does not need to prove any damage
- COnly the state can bring the claim
- DThe claim must be brought within a month
2.Easy
In English law, the difference between libel and slander is that:
- ALibel concerns companies and public bodies, while slander concerns private individuals
- BLibel is a crime, while slander is a tort
- CLibel is in permanent form, while slander is in a temporary form such as speech
- DLibel must be true, while slander must be false
3.Easy
What is a tort?
- AA civil wrong, other than a breach of contract, that gives a right to compensation
- BA type of contract
- CA tax on damages
- DA wrong punished by the state through fines, imprisonment or community service orders
4.Medium
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:
- AThe defendant intended to injure him
- BPsychiatric injury is always recoverable after any road accident, however minor
- CHe had a close tie of love with the other driver
- DHe was a primary victim and personal injury of some kind was foreseeable
5.Medium
In Barnett v Chelsea and Kensington Hospital, why did the claim fail?
- AThe hospital owed no duty of care to a patient it had not admitted
- BThe claim was made too late
- CThe patient would have died even with proper treatment
- DThe doctor met the standard of care
6.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:
- AA reasonable adult
- BThe defendant's own understanding
- CA reasonable 15-year-old
- DA reasonable teacher
7.Hard
For a public authority, a negligence claim about how it exercised a statutory power often fails because:
- AThe authority must be sued in a criminal court
- BAuthorities are always immune from all claims
- CCourts are reluctant to impose duties for failing to confer benefits or for policy decisions
- DStatutory powers automatically create a private law duty to use them carefully for each citizen
8.Hard
In occupiers' liability, the duty owed to trespassers in English law is:
- AHigher than to lawful visitors
- BExactly the same as to lawful visitors, under the common duty of care in the 1957 Act
- CNon-existent in all circumstances
- DLower than to visitors, arising only in specific circumstances under the 1984 Act
Answer key
- 1. B · The claimant does not need to prove any damage
- 2. C · Libel is in permanent form, while slander is in a temporary form such as speech
- 3. A · A civil wrong, other than a breach of contract, that gives a right to compensation
- 4. D · He was a primary victim and personal injury of some kind was foreseeable
- 5. C · The patient would have died even with proper treatment
- 6. C · A reasonable 15-year-old
- 7. C · Courts are reluctant to impose duties for failing to confer benefits or for policy decisions
- 8. D · Lower than to visitors, arising only in specific circumstances under the 1984 Act
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