1.Easy
Under the Occupiers' Liability Act 1957, an occupier owes lawful visitors:
- AA duty only to warn of hidden dangers
- BNo duty unless there is a contract
- CThe common duty of care
- DStrict liability for any injury on the premises
2.Easy
An employer can be liable for torts committed by an employee during their work. This is called:
- AStrict liability for all acts
- BNovus actus interveniens
- CVicarious liability
- DContributory negligence
3.Easy
In a personal injury claim, "special damages" usually cover:
- AExtra damages to punish the defendant
- BCompensation for pain, suffering and loss of amenity up to the date of the trial
- CA nominal sum to mark that a right was infringed
- DSpecific financial losses up to trial, such as lost earnings and medical costs
4.Medium
Patients are paralysed by anaesthetic contaminated through invisible cracks in glass ampoules, a risk unknown to doctors at the time. Under Roe v Minister of Health, the hospital was:
- ANot negligent, judged by the knowledge available at the time
- BNegligent, judged by the medical knowledge available at trial
- CNegligent, because harm occurred in hospital
- DStrictly liable for any harm from drugs
5.Medium
A premature baby goes blind. Excess oxygen negligently given was only one of five possible causes. In Wilsher v Essex AHA, the claim:
- AFailed, because no duty was owed to a baby
- BSucceeded, because the negligence materially increased the risk of the blindness
- CFailed, because the claimant could not prove the negligence caused the blindness
- DSucceeded, with damages reduced by four fifths
6.Medium
A worker inhales silica dust from two sources, only one of which was due to the employer's breach. In Bonnington Castings v Wardlaw, the employer was liable because the guilty dust:
- AMaterially contributed to the disease
- BWas the only cause of the disease
- CWas more than half of the total dust
- DWas easier to prevent than the other dust
7.Hard
Residents complain of noise from a motor sports stadium that had been used for years and had planning permission. In Coventry v Lawrence, the Supreme Court held that:
- ACourts must always grant an injunction where nuisance is proved
- BPlanning permission was a complete defence to the nuisance claim
- CComing to the nuisance was a complete defence
- DPlanning permission was not in itself a defence, and damages instead of an injunction should be considered more flexibly
8.Hard
Police officers arresting a suspect in a busy street knock over an elderly pedestrian. In Robinson v Chief Constable of West Yorkshire, the Supreme Court held:
- ANo duty was owed, because the police are immune
- BA duty arose only because she was a victim of crime
- CNo duty was owed, as the Caparo test was not met for police operations
- DA duty was owed, since the police caused harm by a positive act
Answer key
- 1. C · The common duty of care
- 2. C · Vicarious liability
- 3. D · Specific financial losses up to trial, such as lost earnings and medical costs
- 4. A · Not negligent, judged by the knowledge available at the time
- 5. C · Failed, because the claimant could not prove the negligence caused the blindness
- 6. A · Materially contributed to the disease
- 7. D · Planning permission was not in itself a defence, and damages instead of an injunction should be considered more flexibly
- 8. D · A duty was owed, since the police caused harm by a positive act
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