1.Easy
Defamation protects a person's:
- AProperty
- BPrivacy of medical records only
- CReputation
- DPhysical safety
2.Easy
For a defamation claim, the statement must be defamatory, refer to the claimant, and be:
- APublished to at least one third party
- BRead by the claimant personally
- CPublished in print or on television
- DRepeated by at least two people
3.Easy
An employer can be liable for torts committed by an employee during their work. This is called:
- AStrict liability for all acts
- BContributory negligence
- CVicarious liability
- DNovus actus interveniens
4.Medium
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:
- AFails, because heat cannot be a nuisance
- BSucceeds, because any physical damage to goods is an actionable nuisance
- CSucceeds, because the paper was valuable
- DFails, because nuisance does not protect abnormally sensitive uses
5.Medium
In Bolitho v City and Hackney HA, the House of Lords added to the Bolam test that the professional opinion relied on must:
- ABe written in a medical textbook
- BBe accepted by the patient
- CBe capable of withstanding logical analysis
- DBe held by most doctors in the country
6.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:
- AHe had a close tie of love with the other driver
- BHe was a primary victim and personal injury of some kind was foreseeable
- CThe defendant intended to injure him
- DPsychiatric injury is always recoverable after any road accident, however minor
7.Hard
A council's water pipe to a block of flats leaks and causes an embankment to collapse, exposing a gas main. In Transco v Stockport MBC, the House of Lords held:
- AThe council was liable in negligence for the leak
- BThere was no Rylands liability, because supplying water by pipe was not a non-natural use
- CThe council was strictly liable for all escaping water
- DRylands v Fletcher was abolished in English law
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 a nuisance, but only the council could sue
- BThere was a nuisance, and all residents, including family members and lodgers, could sue
- CThere was no actionable nuisance, and only those with an interest in land could sue
- DThere was no nuisance, as nuisance requires noise
Answer key
- 1. C · Reputation
- 2. A · Published to at least one third party
- 3. C · Vicarious liability
- 4. D · Fails, because nuisance does not protect abnormally sensitive uses
- 5. C · Be capable of withstanding logical analysis
- 6. B · He was a primary victim and personal injury of some kind was foreseeable
- 7. B · There was no Rylands liability, because supplying water by pipe was not a non-natural use
- 8. C · There was no actionable nuisance, and only those with an interest in land could sue
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