Tort law worksheet with answers

Which defence applies when the claimant voluntarily accepted the risk of harm?

1. ANecessity
2. BContributory negligence
3. CVolenti non fit injuria (consent)
4. DSelf-defence

The tort of assault is:

1. AHolding someone in a room against their will
2. BActually applying force to someone directly and without their consent
3. CCausing someone to reasonably expect immediate unlawful force
4. DInsulting someone in front of others

In English law, is there a general duty to rescue a stranger in danger?

1. ANo, unless the stranger asks for help
2. BYes, everyone must try to rescue anyone in danger
3. CNo, there is generally no liability for a pure omission
4. DYes, but only for trained professionals

A learner driver on her third lesson crashes and injures her instructor. Under Nettleship v Weston, her driving is judged by the standard of:

1. AHer own best efforts as a beginner
2. BA reasonable learner at the same stage
3. CA professional racing driver
4. DA reasonably competent and experienced driver

A young man dives into a shallow lake in a public park despite warning signs and is paralysed. In Tomlinson v Congleton BC, the council was:

1. ANot liable, because the risk was obvious and voluntarily taken
2. BLiable, because it did not destroy the beach
3. CLiable, because the signs were ignored by many
4. DLiable for half of the damage

After a flood makes a factory floor slippery, the owner spreads sawdust but not everywhere, and a worker slips. Under Latimer v AEC, the owner was:

1. ANegligent, because any slip proves a breach
2. BStrictly liable for flood damage
3. CNegligent, because it should have closed the factory until the floor was dry
4. DNot negligent, because closing the factory would have been out of proportion

Members of a religious teaching order abused pupils at schools. The brothers were not employees of the order. In Various Claimants v Catholic Child Welfare Society, the Supreme Court held the order:

1. ANot liable, because the order did not own the schools
2. BLiable only in contract to the schools
3. CNot liable, because the brothers were not employees
4. DVicariously liable, as the relationship was akin to employment

A council's water pipe to a block of flats leaks and causes an embankment to collapse, exposing a gas main. In Transco v Stockport MBC, the House of Lords held:

1. AThe council was strictly liable for all escaping water
2. BRylands v Fletcher was abolished in English law
3. CThere was no Rylands liability, because supplying water by pipe was not a non-natural use
4. DThe council was liable in negligence for the leak