1.Easy
Defamation protects a person's:
- APhysical safety
- BProperty
- CPrivacy of medical records only
- DReputation
2.Easy
In English law, who can normally sue in private nuisance?
- AOnly the local authority
- BAny visitor staying at the property
- CA person with a right to the land affected, such as an owner or tenant
- DAnyone who lives at the property, including family members and lodgers
3.Easy
An employer can be liable for torts committed by an employee during their work. This is called:
- AContributory negligence
- BStrict liability for all acts
- CVicarious liability
- DNovus actus interveniens
4.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
- BProof of criminal conduct
- CA contract between the parties, a breach of its terms and loss flowing directly from the breach
- DIntention, motive and damage
5.Medium
An occupier hires a reputable lift company to maintain a lift. The company's negligence causes an accident. Under Haseldine v Daw, the occupier is:
- ALiable, because maintenance is non-delegable
- BLiable only if the lift is new
- CLiable for any defect on its premises
- DNot liable, if it reasonably chose a competent contractor
6.Medium
A worker inhales silica dust from two sources, only one of which was due to the employer's breach. In Bonnington Castings v Wardlaw, the employer was liable because the guilty dust:
- AMaterially contributed to the disease
- BWas more than half of the total dust
- CWas easier to prevent than the other dust
- DWas the only cause of the disease
7.Hard
In Hedley Byrne v Heller, liability for negligent misstatement arose because:
- AThe defendant intended to deceive
- BThe statement caused physical injury
- CThere was a special relationship in which the claimant reasonably relied on advice given with skill
- DThere was a contract between the parties under which the bank was paid a fee for the reference it gave
8.Hard
A "novus actus interveniens" can:
- ATurn a civil claim into a criminal one when the intervening act is an offence
- BBreak the chain of causation between the defendant's breach and the harm
- CCreate a new duty of care
- DIncrease the damages owed
Answer key
- 1. D · Reputation
- 2. C · A person with a right to the land affected, such as an owner or tenant
- 3. C · Vicarious liability
- 4. A · Foreseeability of harm, proximity and that it is fair, just and reasonable to impose a duty
- 5. D · Not liable, if it reasonably chose a competent contractor
- 6. A · Materially contributed to the disease
- 7. C · There was a special relationship in which the claimant reasonably relied on advice given with skill
- 8. B · Break the chain of causation between the defendant's breach and the harm
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