1.Easy
Which defence applies when the claimant voluntarily accepted the risk of harm?
- ANecessity
- BContributory negligence
- CVolenti non fit injuria (consent)
- DSelf-defence
2.Easy
In English law, publishing private information without justification is mainly dealt with by the tort of:
- AMisuse of private information
- BMalicious falsehood
- CDefamation
- DTrespass to land
3.Easy
The tort of battery is:
- ACarelessly injuring another person on the road
- BThe intentional and direct application of unlawful force to another person
- CMaking a false statement that harms someone's reputation
- DCausing another person to reasonably fear that unlawful force is about to be used
4.Medium
In Barnett v Chelsea and Kensington Hospital, why did the claim fail?
- AThe claim was made too late
- BThe patient would have died even with proper treatment
- CThe doctor met the standard of care
- DThe hospital owed no duty of care to a patient it had not admitted
5.Medium
A five-year-old falls into a trench on open land while playing without an adult. In Phipps v Rochester Corporation, the occupier was:
- ALiable, because young children must be protected from every danger on the land
- BLiable, because the trench was not fenced
- CNot liable, because it could expect parents to supervise very young children
- DNot liable, because the child was a trespasser
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 because the investor was a shareholder
- BWere strictly liable for errors in the accounts
- COwed a duty to anyone relying on the accounts
- DOwed no duty to the investor for this purpose
7.Hard
For a public authority, a negligence claim about how it exercised a statutory power often fails because:
- AStatutory powers automatically create a private law duty to use them carefully for each citizen
- BCourts are reluctant to impose duties for failing to confer benefits or for policy decisions
- CThe authority must be sued in a criminal court
- DAuthorities are always immune from all claims
8.Hard
A tall new building blocks television reception for many nearby homes. In Hunter v Canary Wharf, the House of Lords held:
- AThere was no nuisance, as nuisance requires noise
- BThere was no actionable nuisance, and only those with an interest in land could sue
- CThere was a nuisance, but only the council could sue
- DThere was a nuisance, and all residents, including family members and lodgers, could sue
Answer key
- 1. C · Volenti non fit injuria (consent)
- 2. A · Misuse of private information
- 3. B · The intentional and direct application of unlawful force to another person
- 4. B · The patient would have died even with proper treatment
- 5. C · Not liable, because it could expect parents to supervise very young children
- 6. D · Owed no duty to the investor for this purpose
- 7. B · Courts are reluctant to impose duties for failing to confer benefits or for policy decisions
- 8. B · There was no actionable nuisance, and only those with an interest in land could sue
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