Tort law worksheet with answers

Under section 1 of the Defamation Act 2013, a statement is not defamatory unless:

1. AThe claimant has lost money because of it
2. BIt was published in a newspaper or online
3. CIt has caused or is likely to cause serious harm to the claimant's reputation
4. DThe defendant intended to harm the claimant or was reckless as to whether it would

In English law, is there a general duty to rescue a stranger in danger?

1. ANo, unless the stranger asks for help
2. BYes, everyone must try to rescue anyone in danger
3. CYes, but only for trained professionals
4. DNo, there is generally no liability for a pure omission

In general, a person who hires an independent contractor is:

1. ALiable only if the contractor has no insurance
2. BNot vicariously liable for the contractor's torts
3. CAlways vicariously liable for the contractor's torts
4. DLiable for all torts committed in the same year

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:

1. ASucceeds, because the paper was valuable
2. BFails, because nuisance does not protect abnormally sensitive uses
3. CFails, because heat cannot be a nuisance
4. DSucceeds, because any physical damage to goods is an actionable nuisance

Strict liability means a defendant can be liable:

1. AWithout proof of fault
2. BOnly for criminal acts
3. COnly if they broke a contract
4. DOnly if they acted intentionally

A house is built on defective foundations, approved by the local authority. Cracks appear and the owner sells at a loss. In Murphy v Brentwood DC, the loss was:

1. APure economic loss, not recoverable in negligence
2. BRecoverable only against the buyer
3. CRecoverable because the council approved the plans
4. DPhysical damage, fully recoverable

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

In Hedley Byrne v Heller, liability for negligent misstatement arose because:

1. AThere was a contract between the parties under which the bank was paid a fee for the reference it gave
2. BThe defendant intended to deceive
3. CThe statement caused physical injury
4. DThere was a special relationship in which the claimant reasonably relied on advice given with skill