1.Easy
Under the Occupiers' Liability Act 1957, an occupier must be prepared for children to be:
- AKept off the premises entirely
- BAs careful as adults
- CLess careful than adults
- DAlways supervised by parents
2.Easy
In English law, who can normally sue in private nuisance?
- AA person with a right to the land affected, such as an owner or tenant
- BOnly the local authority
- CAny visitor staying at the property
- DAnyone who lives at the property, including family members and lodgers
3.Easy
An employer's duty to provide competent staff, safe equipment, a safe place and a safe system of work is:
- AA non-delegable duty
- BA duty that applies only in factories
- CA duty owed only to managers
- DA duty that can be passed to any contractor
4.Medium
Two chimney sweeps die from fumes while sealing a chimney, despite warnings about the danger. In Roles v Nathan, the occupier was:
- ANot liable, because the sweeps were trespassers
- BLiable, because the warnings were given orally
- CLiable, because occupiers must make premises completely safe for every visitor, including specialists
- DNot liable, because specialists can be expected to guard against risks of their trade
5.Medium
The Caparo test for a new duty of care requires:
- AForeseeability of harm, proximity and that it is fair, just and reasonable to impose a duty
- BA contract between the parties, a breach of its terms and loss flowing directly from the breach
- CIntention, motive and damage
- DProof of criminal conduct
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:
- ALiable only if the milkman had no insurance
- BVicariously liable, because the boy was helping with the employer's work
- CNot liable, because giving lifts had been expressly forbidden by the employer
- DNot liable, because the boy was a trespasser
7.Hard
A police officer, without arresting her, takes hold of a woman's arm to stop her walking away so she can be questioned. In Collins v Wilcock:
- AThis was only an assault, as no harm was done
- BThis was lawful, because she was suspected
- CThis was lawful, as police may restrain anyone they wish to question
- DThis was a battery, as it went beyond acceptable everyday contact
8.Hard
Young offenders escape while their officers sleep, and damage a yacht nearby. In Home Office v Dorset Yacht Co, the House of Lords held:
- ANo duty, because the damage was done by third parties acting of their own free will
- BThe yacht owner was contributorily negligent
- CNo duty, because the Home Office is part of the Crown
- DA duty could be owed, because the officers had control over the offenders
Answer key
- 1. C · Less careful than adults
- 2. A · A person with a right to the land affected, such as an owner or tenant
- 3. A · A non-delegable duty
- 4. D · Not liable, because specialists can be expected to guard against risks of their trade
- 5. A · Foreseeability of harm, proximity and that it is fair, just and reasonable to impose a duty
- 6. B · Vicariously liable, because the boy was helping with the employer's work
- 7. D · This was a battery, as it went beyond acceptable everyday contact
- 8. D · A duty could be owed, because the officers had control over the offenders
Full step-by-step solutions: practise this topic on examproblems.com.