1.Easy
An employer's duty to provide competent staff, safe equipment, a safe place and a safe system of work is:
- AA duty owed only to managers
- BA non-delegable duty
- CA duty that applies only in factories
- DA duty that can be passed to any contractor
2.Easy
In a personal injury claim, "special damages" usually cover:
- AExtra damages to punish the defendant
- BA nominal sum to mark that a right was infringed
- CSpecific financial losses up to trial, such as lost earnings and medical costs
- DCompensation for pain, suffering and loss of amenity up to the date of the trial
3.Easy
In general, a person who hires an independent contractor is:
- ALiable for all torts committed in the same year
- BLiable only if the contractor has no insurance
- CAlways vicariously liable for the contractor's torts
- DNot vicariously liable for the contractor's torts
4.Medium
A driver is in a minor collision, suffers no physical injury, but his chronic fatigue illness becomes permanent. In Page v Smith, he could recover because:
- AHe had a close tie of love with the other driver
- BPsychiatric injury is always recoverable after any road accident, however minor
- CThe defendant intended to injure him
- DHe was a primary victim and personal injury of some kind was foreseeable
5.Medium
A premature baby goes blind. Excess oxygen negligently given was only one of five possible causes. In Wilsher v Essex AHA, the claim:
- AFailed, because no duty was owed to a baby
- BSucceeded, because the negligence materially increased the risk of the blindness
- CSucceeded, with damages reduced by four fifths
- DFailed, because the claimant could not prove the negligence caused the blindness
6.Medium
A boarding-house warden employed by a school abuses the boys in his care. In Lister v Hesley Hall, the employer was:
- AVicariously liable, because the abuse was closely connected with his duties
- BNot liable, because abuse is never within the course of the warden's employment
- CLiable only for its own negligent hiring
- DNot liable, because the warden acted for himself
7.Hard
In Lachaux v Independent Print (2019), the Supreme Court held that "serious harm" under section 1 of the Defamation Act 2013 must be shown:
- AOnly by showing the claimant lost money
- BOnly by the inherent meaning of the words
- CBy reference to the actual impact of the statement, as a matter of fact
- DBy the number of people who read it, which must exceed a fixed threshold
8.Hard
A prisoner known to be a suicide risk kills himself in a police cell after officers leave the door hatch open. In Reeves v Metropolitan Police Commissioner, the House of Lords held:
- AHis deliberate act did not break the chain, because it was the very thing the duty aimed to prevent
- BThe police were not liable, because a sane adult's suicide is always a voluntary act breaking the chain
- CHis deliberate act broke the chain of causation
- DThe claim failed because of illegality
Answer key
- 1. B · A non-delegable duty
- 2. C · Specific financial losses up to trial, such as lost earnings and medical costs
- 3. D · Not vicariously liable for the contractor's torts
- 4. D · He was a primary victim and personal injury of some kind was foreseeable
- 5. D · Failed, because the claimant could not prove the negligence caused the blindness
- 6. A · Vicariously liable, because the abuse was closely connected with his duties
- 7. C · By reference to the actual impact of the statement, as a matter of fact
- 8. A · His deliberate act did not break the chain, because it was the very thing the duty aimed to prevent
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