Tort law worksheet with answers

Trespass torts are "actionable per se", meaning:

1. AThe claimant must prove serious harm
2. BThe claimant does not need to prove any damage
3. COnly the state can bring the claim
4. DThe claim must be brought within a month

The tort of assault is:

1. AHolding someone in a room against their will
2. BActually applying force to someone directly and without their consent
3. CCausing someone to reasonably expect immediate unlawful force
4. DInsulting someone in front of others

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

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

Contractors negligently cut a power cable, damaging the melt in a factory's furnace and stopping further production. In Spartan Steel v Martin, the factory recovered:

1. ANothing, because all the losses were economic and none was physical damage
2. BThe damaged melt and its lost profit, but not profit on further melts
3. CAll profits lost while the power was off
4. DOnly the cost of repairing the cable

The "but for" test is used to establish:

1. ARemoteness of damage
2. BDuty of care
3. CThe standard of care
4. DFactual causation

A premature baby goes blind. Excess oxygen negligently given was only one of five possible causes. In Wilsher v Essex AHA, the claim:

1. AFailed, because no duty was owed to a baby
2. BSucceeded, with damages reduced by four fifths
3. CSucceeded, because the negligence materially increased the risk of the blindness
4. DFailed, because the claimant could not prove the negligence caused the blindness

The "eggshell skull" rule means that:

1. AThe defendant must take the victim as found, including unusual vulnerabilities
2. BFragile victims cannot recover damages
3. CHead injuries are compensated at a fixed rate
4. DOnly foreseeable claimants can sue

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