1.Easy
In England and Wales, a negligence claim for personal injury must usually be started within:
- AThree years of the injury or the date of knowledge
- BSix years of the injury
- COne year of the injury
- DTwelve years of the injury
2.Easy
Which three elements must a claimant usually prove in negligence?
- AIntention, motive and harm
- BContract, breach and loss
- CDuty of care, breach of that duty and damage caused by the breach
- DFault, punishment and apology
3.Easy
The tort of assault is:
- AInsulting someone in front of others
- BActually applying force to someone directly and without their consent
- CCausing someone to reasonably expect immediate unlawful force
- DHolding someone in a room against their will
4.Medium
A young man dives into a shallow lake in a public park despite warning signs and is paralysed. In Tomlinson v Congleton BC, the council was:
- ANot liable, because the risk was obvious and voluntarily taken
- BLiable for half of the damage
- CLiable, because it did not destroy the beach
- DLiable, because the signs were ignored by many
5.Medium
In Barnett v Chelsea and Kensington Hospital, why did the claim fail?
- AThe patient would have died even with proper treatment
- BThe doctor met the standard of care
- CThe claim was made too late
- DThe hospital owed no duty of care to a patient it had not admitted
6.Medium
A premature baby goes blind. Excess oxygen negligently given was only one of five possible causes. In Wilsher v Essex AHA, the claim:
- ASucceeded, with damages reduced by four fifths
- BSucceeded, because the negligence materially increased the risk of the blindness
- CFailed, because no duty was owed to a baby
- DFailed, because the claimant could not prove the negligence caused the blindness
7.Hard
Under section 3 of the Defamation Act 2013, the honest opinion defence requires that the statement:
- AWas an opinion, indicated its basis, and an honest person could have held it on the facts
- BWas made with no intention to harm
- CWas published by a professional journalist
- DWas a statement of fact, indicated its source, and was shown to be substantially true by the defendant
8.Hard
For a public authority, a negligence claim about how it exercised a statutory power often fails because:
- AStatutory powers automatically create a private law duty to use them carefully for each citizen
- BAuthorities are always immune from all claims
- CCourts are reluctant to impose duties for failing to confer benefits or for policy decisions
- DThe authority must be sued in a criminal court
Answer key
- 1. A · Three years of the injury or the date of knowledge
- 2. C · Duty of care, breach of that duty and damage caused by the breach
- 3. C · Causing someone to reasonably expect immediate unlawful force
- 4. A · Not liable, because the risk was obvious and voluntarily taken
- 5. A · The patient would have died even with proper treatment
- 6. D · Failed, because the claimant could not prove the negligence caused the blindness
- 7. A · Was an opinion, indicated its basis, and an honest person could have held it on the facts
- 8. C · Courts are reluctant to impose duties for failing to confer benefits or for policy decisions
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