Tort law worksheet with answers

When two tortfeasors cause the same indivisible damage, the claimant can usually:

1. ASue only the one who acted first
2. BRecover the full damages from either of them
3. CSue only if both are joined in one claim
4. DRecover only half from each of them

Under the Occupiers' Liability Act 1957, an occupier owes lawful visitors:

1. AA duty only to warn of hidden dangers
2. BNo duty unless there is a contract
3. CStrict liability for any injury on the premises
4. DThe common duty of care

Statements made by MPs during debates in the UK Parliament are protected in defamation by:

1. AThe public interest defence
2. BQualified privilege
3. CThe defence of honest opinion
4. DAbsolute privilege

The Caparo test for a new duty of care requires:

1. AProof of criminal conduct
2. BIntention, motive and damage
3. CA contract between the parties, a breach of its terms and loss flowing directly from the breach
4. DForeseeability of harm, proximity and that it is fair, just and reasonable to impose a duty

A boarding-house warden employed by a school abuses the boys in his care. In Lister v Hesley Hall, the employer was:

1. ANot liable, because abuse is never within the course of the warden's employment
2. BLiable only for its own negligent hiring
3. CVicariously liable, because the abuse was closely connected with his duties
4. DNot liable, because the warden acted for himself

An occupier hires a reputable lift company to maintain a lift. The company's negligence causes an accident. Under Haseldine v Daw, the occupier is:

1. ALiable for any defect on its premises
2. BLiable only if the lift is new
3. CLiable, because maintenance is non-delegable
4. DNot liable, if it reasonably chose a competent contractor

A "novus actus interveniens" can:

1. AIncrease the damages owed
2. BTurn a civil claim into a criminal one when the intervening act is an offence
3. CCreate a new duty of care
4. DBreak the chain of causation between the defendant's breach and the harm

Under the EU Product Liability Directive, the "development risks" defence allows a producer to escape liability if:

1. AThe product was sold at a low price
2. BThe consumer did not read the instructions
3. CThe state of scientific and technical knowledge when the product was circulated did not allow the defect to be discovered
4. DThe producer was not negligent in manufacturing