1.Easy
Under the Occupiers' Liability Act 1957, an occupier must be prepared for children to be:
- AAlways supervised by parents
- BLess careful than adults
- CKept off the premises entirely
- DAs careful as adults
2.Easy
Wrongfully dealing with another person's goods in a way that denies their rights, such as selling them, is the tort of:
- AConversion
- BBattery
- CNuisance
- DPassing off
3.Easy
Compensatory damages in tort generally aim to:
- APut the claimant in the position they would have been in without the tort
- BPut the claimant in the position they would have been in if a promise had been kept
- CDivide the loss equally between the parties
- DPunish the defendant for the wrongdoing
4.Medium
The Bolam test applies to:
- AOccupiers' liability to trespassers
- BThe standard of care expected of professionals such as doctors
- CDefamation defences
- DThe remoteness of damage
5.Medium
A doctor builds a consulting room next to a confectioner whose noisy machines had operated for years without complaint. Can the confectioner defend a nuisance claim by saying the doctor "came to the nuisance"?
- ANo, coming to the nuisance is not a defence
- BNo, because doctors have special protection
- CYes, the doctor accepted the noise by building there
- DYes, because the machines were used first
6.Medium
A milkman, forbidden by his employer to give lifts, lets a boy ride on his float to help deliver milk. The boy is injured by the milkman's negligence. In Rose v Plenty, the employer was:
- ANot liable, because giving lifts had been expressly forbidden by the employer
- BNot liable, because the boy was a trespasser
- CVicariously liable, because the boy was helping with the employer's work
- DLiable only if the milkman had no insurance
7.Hard
The defence of "illegality" (ex turpi causa) in tort means that:
- AOnly the state can bring the claim
- BEvery claimant with a criminal record loses
- CThe defendant cannot be sued if the defendant's own conduct towards the claimant was itself a criminal offence
- DA claimant may be barred from recovering where the claim arises from their own serious illegal conduct
8.Hard
A woman's 999 call is wrongly graded, and the police arrive too late to stop her former partner killing her. In Michael v Chief Constable of South Wales Police, the Supreme Court held:
- AThe call handler alone was personally liable
- BThe police were strictly liable for the delay
- CThe police owed no duty in negligence to protect her
- DThe police owed a duty because they took the call
Answer key
- 1. B · Less careful than adults
- 2. A · Conversion
- 3. A · Put the claimant in the position they would have been in without the tort
- 4. B · The standard of care expected of professionals such as doctors
- 5. A · No, coming to the nuisance is not a defence
- 6. C · Vicariously liable, because the boy was helping with the employer's work
- 7. D · A claimant may be barred from recovering where the claim arises from their own serious illegal conduct
- 8. C · The police owed no duty in negligence to protect her
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