1.Easy
What is the usual remedy for an ongoing private nuisance?
- AA fine payable to the state
- BAn apology ordered by the court
- CRescission
- DAn injunction
2.Easy
Trespass torts are "actionable per se", meaning:
- AOnly the state can bring the claim
- BThe claim must be brought within a month
- CThe claimant does not need to prove any damage
- DThe claimant must prove serious harm
3.Easy
When two tortfeasors cause the same indivisible damage, the claimant can usually:
- ARecover the full damages from either of them
- BSue only the one who acted first
- CSue only if both are joined in one claim
- DRecover only half from each of them
4.Medium
The "but for" test is used to establish:
- AThe standard of care
- BRemoteness of damage
- CDuty of care
- DFactual causation
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:
- AA professional racing driver
- BHer own best efforts as a beginner
- CA reasonably competent and experienced driver
- DA reasonable learner at the same stage
6.Medium
Under Dutch law, the general provision for liability for unlawful acts (onrechtmatige daad) is:
- AArticle 1 of the Constitution
- BArticle 7:17 BW
- CArticle 3:40 BW
- DArticle 6:162 BW
7.Hard
A newspaper publishes that a model is attending Narcotics Anonymous, with details and photographs of her leaving a meeting. In Campbell v MGN, the House of Lords held:
- APublishing the details and photographs was a misuse of private information
- BOnly the fact of her addiction was private
- CThere was no claim, because the photographs were taken on a public street in London
- DThere was no claim, because she had lied about drug use
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:
- ALiable only in defamation
- BNot liable, because there was no direct physical contact with the woman
- CNot liable, because it was only a joke
- DLiable for intentionally causing physical harm by a false statement
Answer key
- 1. D · An injunction
- 2. C · The claimant does not need to prove any damage
- 3. A · Recover the full damages from either of them
- 4. D · Factual causation
- 5. C · A reasonably competent and experienced driver
- 6. D · Article 6:162 BW
- 7. A · Publishing the details and photographs was a misuse of private information
- 8. D · Liable for intentionally causing physical harm by a false statement
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