1.Easy
Private nuisance concerns:
- AAny loud noise in a public place
- BDamage to personal reputation
- CBreaking a contract with a neighbour
- DUnreasonable interference with a person's use or enjoyment of land
2.Easy
An employer's duty to provide competent staff, safe equipment, a safe place and a safe system of work is:
- AA duty that applies only in factories
- BA duty owed only to managers
- CA duty that can be passed to any contractor
- DA non-delegable duty
3.Easy
The tort of battery is:
- AThe intentional and direct application of unlawful force to another person
- BCarelessly injuring another person on the road
- CMaking a false statement that harms someone's reputation
- DCausing another person to reasonably fear that unlawful force is about to be used
4.Medium
Strict liability means a defendant can be liable:
- AOnly if they broke a contract
- BWithout proof of fault
- COnly for criminal acts
- DOnly if they acted intentionally
5.Medium
A house is built on defective foundations, approved by the local authority. Cracks appear and the owner sells at a loss. In Murphy v Brentwood DC, the loss was:
- APure economic loss, not recoverable in negligence
- BRecoverable because the council approved the plans
- CPhysical damage, fully recoverable
- DRecoverable only against the buyer
6.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 reasonably competent and experienced driver
- BHer own best efforts as a beginner
- CA reasonable learner at the same stage
- DA professional racing driver
7.Hard
A worker gets dermatitis from brick dust. The employer did not provide washing facilities, but science could not show that washing would have prevented it. In McGhee v National Coal Board:
- AThe employer was liable, because its breach materially increased the risk
- BThe worker was barred by consenting to the risk
- CThe employer was not liable, because the "but for" test could not be satisfied
- DThe employer was liable for half the damages only
8.Hard
After drinking together for hours, a man agrees to fly with an obviously very drunk pilot, and the plane crashes. In Morris v Murray, the passenger's claim:
- AFailed, because he voluntarily accepted the risk
- BFailed, because of illegality
- CSucceeded, with damages reduced for contributory negligence
- DSucceeded, because volenti never applies to passengers
Answer key
- 1. D · Unreasonable interference with a person's use or enjoyment of land
- 2. D · A non-delegable duty
- 3. A · The intentional and direct application of unlawful force to another person
- 4. B · Without proof of fault
- 5. A · Pure economic loss, not recoverable in negligence
- 6. A · A reasonably competent and experienced driver
- 7. A · The employer was liable, because its breach materially increased the risk
- 8. A · Failed, because he voluntarily accepted the risk
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