1.Easy
For a defamation claim, the statement must be defamatory, refer to the claimant, and be:
- ARepeated by at least two people
- BRead by the claimant personally
- CPublished in print or on television
- DPublished to at least one third party
2.Easy
In English law, is there a general duty to rescue a stranger in danger?
- AYes, everyone must try to rescue anyone in danger
- BYes, but only for trained professionals
- CNo, unless the stranger asks for help
- DNo, there is generally no liability for a pure omission
3.Easy
What is the usual remedy for an ongoing private nuisance?
- AAn apology ordered by the court
- BAn injunction
- CRescission
- DA fine payable to the state
4.Medium
Under Dutch law, the general provision for liability for unlawful acts (onrechtmatige daad) is:
- AArticle 6:162 BW
- BArticle 1 of the Constitution
- CArticle 3:40 BW
- DArticle 7:17 BW
5.Medium
After a flood makes a factory floor slippery, the owner spreads sawdust but not everywhere, and a worker slips. Under Latimer v AEC, the owner was:
- AStrictly liable for flood damage
- BNegligent, because it should have closed the factory until the floor was dry
- CNot negligent, because closing the factory would have been out of proportion
- DNegligent, because any slip proves a breach
6.Medium
Under Montgomery v Lanarkshire Health Board, a doctor must inform a patient about:
- ANothing, unless the patient asks
- BMaterial risks of treatment and reasonable alternatives
- COnly the risks other doctors would usually mention
- DEvery possible risk, however remote
7.Hard
Under section 4 of the Defamation Act 2013, the public interest defence requires that:
- AThe statement was on a matter of public interest and the defendant reasonably believed publishing it was in the public interest
- BThe statement was made in Parliament or in court
- CThe statement was on a matter of public interest and the defendant honestly believed that every factual claim it contained was true
- DThe statement is shown to be substantially true
8.Hard
After drinking together for hours, a man agrees to fly with an obviously very drunk pilot, and the plane crashes. In Morris v Murray, the passenger's claim:
- AFailed, because he voluntarily accepted the risk
- BFailed, because of illegality
- CSucceeded, with damages reduced for contributory negligence
- DSucceeded, because volenti never applies to passengers
Answer key
- 1. D · Published to at least one third party
- 2. D · No, there is generally no liability for a pure omission
- 3. B · An injunction
- 4. A · Article 6:162 BW
- 5. C · Not negligent, because closing the factory would have been out of proportion
- 6. B · Material risks of treatment and reasonable alternatives
- 7. A · The statement was on a matter of public interest and the defendant reasonably believed publishing it was in the public interest
- 8. A · Failed, because he voluntarily accepted the risk
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