1.Easy
An employer can be liable for torts committed by an employee during their work. This is called:
- AVicarious liability
- BContributory negligence
- CStrict liability for all acts
- DNovus actus interveniens
2.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
3.Easy
How do English courts usually treat a person injured while rescuing someone endangered by the defendant's negligence?
- AThey cannot claim, because they volunteered
- BThey can claim only half their damages
- CThey can claim only if they are professional rescuers, such as firefighters
- DThey can usually claim, because rescue is foreseeable
4.Medium
The Wagon Mound case concerns which issue?
- ARemoteness: only reasonably foreseeable types of damage are recoverable
- BDuty of care to unborn children
- CStrict liability for animals
- DDirectness: a defendant is liable for all direct consequences of the breach
5.Medium
Heat from a neighbour's ordinary activity damages specially sensitive paper stored by the claimant, but would not harm ordinary paper. Under Robinson v Kilvert, the claim:
- AFails, because heat cannot be a nuisance
- BSucceeds, because the paper was valuable
- CFails, because nuisance does not protect abnormally sensitive uses
- DSucceeds, because any physical damage to goods is an actionable nuisance
6.Medium
A cricket ball is hit out of a ground very rarely and injures a passer-by. In Bolton v Stone, the club was:
- ANegligent, because it did not stop playing cricket
- BNot negligent, because the risk was very small
- CStrictly liable for anything leaving the ground
- DNegligent, because the injury was foreseeable
7.Hard
A tannery spills small amounts of solvent over many years. It seeps underground and contaminates a water company's borehole, which nobody could have foreseen. In Cambridge Water v Eastern Counties Leather:
- AThe water company was barred by contributory negligence
- BThe tannery was liable, because Rylands liability is strict and needs no foreseeability
- CThe tannery was liable in negligence instead
- DThe tannery was not liable, because the type of damage was not foreseeable
8.Hard
Which statement about the "loss of a chance" doctrine in English medical negligence is correct?
- AThe doctrine applies only to economic loss in all cases
- BA lost chance of recovery below 50% is generally not compensated (Gregg v Scott)
- CLost chances are compensated proportionately, as in claims for lost commercial chances
- DAny lost chance is fully compensated
Answer key
- 1. A · Vicarious liability
- 2. D · Not vicariously liable for the contractor's torts
- 3. D · They can usually claim, because rescue is foreseeable
- 4. A · Remoteness: only reasonably foreseeable types of damage are recoverable
- 5. C · Fails, because nuisance does not protect abnormally sensitive uses
- 6. B · Not negligent, because the risk was very small
- 7. D · The tannery was not liable, because the type of damage was not foreseeable
- 8. B · A lost chance of recovery below 50% is generally not compensated (Gregg v Scott)
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