1.Easy
In England and Wales, a negligence claim for personal injury must usually be started within:
- ATwelve years of the injury
- BSix years of the injury
- COne year of the injury
- DThree years of the injury or the date of knowledge
2.Easy
Contributory negligence usually leads to:
- AA higher award of damages
- BCriminal liability for the claimant
- CA reduction in the claimant's damages
- DComplete defeat of the claim in all modern systems
3.Easy
In English law, is there a general duty to rescue a stranger in danger?
- AYes, but only for trained professionals
- BNo, unless the stranger asks for help
- CYes, everyone must try to rescue anyone in danger
- DNo, there is generally no liability for a pure omission
4.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 held by most doctors in the country
- CBe accepted by the patient
- DBe capable of withstanding logical analysis
5.Medium
Two chimney sweeps die from fumes while sealing a chimney, despite warnings about the danger. In Roles v Nathan, the occupier was:
- ALiable, because the warnings were given orally
- BLiable, because occupiers must make premises completely safe for every visitor, including specialists
- CNot liable, because the sweeps were trespassers
- DNot liable, because specialists can be expected to guard against risks of their trade
6.Medium
The "but for" test is used to establish:
- AThe standard of care
- BFactual causation
- CRemoteness of damage
- DDuty of care
7.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 call handler alone was personally liable
- CThe police owed no duty in negligence to protect her
- DThe police owed a duty because they took the call
8.Hard
In Hedley Byrne v Heller, liability for negligent misstatement arose because:
- AThe statement caused physical injury
- BThere was a contract between the parties under which the bank was paid a fee for the reference it gave
- CThe defendant intended to deceive
- DThere was a special relationship in which the claimant reasonably relied on advice given with skill
Answer key
- 1. D · Three years of the injury or the date of knowledge
- 2. C · A reduction in the claimant's damages
- 3. D · No, there is generally no liability for a pure omission
- 4. D · Be capable of withstanding logical analysis
- 5. D · Not liable, because specialists can be expected to guard against risks of their trade
- 6. B · Factual causation
- 7. C · The police owed no duty in negligence to protect her
- 8. D · There was a special relationship in which the claimant reasonably relied on advice given with skill
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