1.Easy
How do English courts usually treat a person injured while rescuing someone endangered by the defendant's negligence?
- AThey can claim only half their damages
- BThey can usually claim, because rescue is foreseeable
- CThey cannot claim, because they volunteered
- DThey can claim only if they are professional rescuers, such as firefighters
2.Easy
Which three elements must a claimant usually prove in negligence?
- AContract, breach and loss
- BFault, punishment and apology
- CIntention, motive and harm
- DDuty of care, breach of that duty and damage caused by the breach
3.Easy
An employer's duty to provide competent staff, safe equipment, a safe place and a safe system of work is:
- AA duty that can be passed to any contractor
- BA duty owed only to managers
- CA non-delegable duty
- DA duty that applies only in factories
4.Medium
Pure economic loss caused by negligent acts is:
- AGenerally not recoverable, with exceptions such as negligent misstatement
- BRecoverable only for companies
- CRecoverable only where the defendant's conduct was also a criminal offence of some kind
- DAlways recoverable
5.Medium
A learner driver on her third lesson crashes and injures her instructor. Under Nettleship v Weston, her driving is judged by the standard of:
- AHer own best efforts as a beginner
- BA reasonably competent and experienced driver
- CA reasonable learner at the same stage
- DA professional racing driver
6.Medium
A solicitor negligently delays preparing a new will, and the client dies before signing. The intended beneficiaries lose their gifts. In White v Jones, the solicitor:
- AWas liable to the disappointed beneficiaries
- BWas not liable, because there was no contract with them
- CWas liable only to the client's estate
- DWas not liable, because the will was never signed
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 published by a professional journalist
- CWas made with no intention to harm
- DWas a statement of fact, indicated its source, and was shown to be substantially true by the defendant
8.Hard
As a practical joke, a man falsely tells a woman that her husband has been badly injured. She suffers a serious illness from the shock. In Wilkinson v Downton, the man was:
- ANot liable, because it was only a joke
- BLiable for intentionally causing physical harm by a false statement
- CLiable only in defamation
- DNot liable, because there was no direct physical contact with the woman
Answer key
- 1. B · They can usually claim, because rescue is foreseeable
- 2. D · Duty of care, breach of that duty and damage caused by the breach
- 3. C · A non-delegable duty
- 4. A · Generally not recoverable, with exceptions such as negligent misstatement
- 5. B · A reasonably competent and experienced driver
- 6. A · Was liable to the disappointed beneficiaries
- 7. A · Was an opinion, indicated its basis, and an honest person could have held it on the facts
- 8. B · Liable for intentionally causing physical harm by a false statement
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