1.Easy
Compensatory damages in tort generally aim to:
- APut the claimant in the position they would have been in if a promise had been kept
- BPut the claimant in the position they would have been in without the tort
- CPunish the defendant for the wrongdoing
- DDivide the loss equally between the parties
2.Easy
When two tortfeasors cause the same indivisible damage, the claimant can usually:
- ASue only if both are joined in one claim
- BSue only the one who acted first
- CRecover only half from each of them
- DRecover the full damages from either of them
3.Easy
For a defamation claim, the statement must be defamatory, refer to the claimant, and be:
- APublished to at least one third party
- BPublished in print or on television
- CRepeated by at least two people
- DRead by the claimant personally
4.Medium
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:
- APhysical damage, fully recoverable
- BRecoverable only against the buyer
- CPure economic loss, not recoverable in negligence
- DRecoverable because the council approved the plans
5.Medium
Police officers who helped at the Hillsborough disaster suffered psychiatric injury. In White v Chief Constable of South Yorkshire, their claims:
- ASucceeded, because rescuers are always treated as primary victims in English law
- BSucceeded, because they were employees of the defendant
- CFailed, because they were not in physical danger and were not primary victims
- DFailed, because the police can never sue their employer
6.Medium
Two chimney sweeps die from fumes while sealing a chimney, despite warnings about the danger. In Roles v Nathan, the occupier was:
- ANot liable, because specialists can be expected to guard against risks of their trade
- BLiable, because the warnings were given orally
- CLiable, because occupiers must make premises completely safe for every visitor, including specialists
- DNot liable, because the sweeps were trespassers
7.Hard
For a public authority, a negligence claim about how it exercised a statutory power often fails because:
- ACourts are reluctant to impose duties for failing to confer benefits or for policy decisions
- BStatutory powers automatically create a private law duty to use them carefully for each citizen
- CThe authority must be sued in a criminal court
- DAuthorities are always immune from all claims
8.Hard
A woman's 999 call is wrongly graded, and the police arrive too late to stop her former partner killing her. In Michael v Chief Constable of South Wales Police, the Supreme Court held:
- AThe police were strictly liable for the delay
- BThe police owed a duty because they took the call
- CThe call handler alone was personally liable
- DThe police owed no duty in negligence to protect her
Answer key
- 1. B · Put the claimant in the position they would have been in without the tort
- 2. D · Recover the full damages from either of them
- 3. A · Published to at least one third party
- 4. C · Pure economic loss, not recoverable in negligence
- 5. C · Failed, because they were not in physical danger and were not primary victims
- 6. A · Not liable, because specialists can be expected to guard against risks of their trade
- 7. A · Courts are reluctant to impose duties for failing to confer benefits or for policy decisions
- 8. D · The police owed no duty in negligence to protect her
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