1.Easy
False imprisonment is:
- AUnlawfully and completely restricting a person's freedom of movement
- BBlocking one of several routes a person wants to take, however briefly
- CWrongly reporting someone to the police
- DRefusing to let someone enter your house
2.Easy
Compensatory damages in tort generally aim to:
- ADivide the loss equally between the parties
- BPut the claimant in the position they would have been in if a promise had been kept
- CPunish the defendant for the wrongdoing
- DPut the claimant in the position they would have been in without the tort
3.Easy
When two tortfeasors cause the same indivisible damage, the claimant can usually:
- ARecover only half from each of them
- BSue only if both are joined in one claim
- CRecover the full damages from either of them
- DSue only the one who acted first
4.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:
- AA professional racing driver
- BA reasonably competent and experienced driver
- CHer own best efforts as a beginner
- DA reasonable learner at the same stage
5.Medium
In Barnett v Chelsea and Kensington Hospital, why did the claim fail?
- AThe patient would have died even with proper treatment
- BThe claim was made too late
- CThe doctor met the standard of care
- DThe hospital owed no duty of care to a patient it had not admitted
6.Medium
Contractors negligently cut a power cable, damaging the melt in a factory's furnace and stopping further production. In Spartan Steel v Martin, the factory recovered:
- AThe damaged melt and its lost profit, but not profit on further melts
- BNothing, because all the losses were economic and none was physical damage
- CAll profits lost while the power was off
- DOnly the cost of repairing the cable
7.Hard
Fumes from a copper smelting works damage trees and shrubs on a nearby estate in an industrial area. In St Helen's Smelting v Tipping, the House of Lords held:
- AThe character of the locality was irrelevant, because there was physical damage to property
- BThere was a nuisance only if the fumes were noisy
- CThe claimant came to the nuisance, so lost
- DThere was no nuisance, because the character of the industrial area excused the fumes and the damage
8.Hard
A tannery spills small amounts of solvent over many years. It seeps underground and contaminates a water company's borehole, which nobody could have foreseen. In Cambridge Water v Eastern Counties Leather:
- AThe tannery was liable in negligence instead
- BThe water company was barred by contributory negligence
- CThe tannery was not liable, because the type of damage was not foreseeable
- DThe tannery was liable, because Rylands liability is strict and needs no foreseeability
Answer key
- 1. A · Unlawfully and completely restricting a person's freedom of movement
- 2. D · Put the claimant in the position they would have been in without the tort
- 3. C · Recover the full damages from either of them
- 4. B · A reasonably competent and experienced driver
- 5. A · The patient would have died even with proper treatment
- 6. A · The damaged melt and its lost profit, but not profit on further melts
- 7. A · The character of the locality was irrelevant, because there was physical damage to property
- 8. C · The tannery was not liable, because the type of damage was not foreseeable
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