1.Easy
How do English courts usually treat a person injured while rescuing someone endangered by the defendant's negligence?
- AThey can usually claim, because rescue is foreseeable
- BThey can claim only if they are professional rescuers, such as firefighters
- CThey cannot claim, because they volunteered
- DThey can claim only half their damages
2.Easy
Wrongfully dealing with another person's goods in a way that denies their rights, such as selling them, is the tort of:
- ANuisance
- BConversion
- CBattery
- DPassing off
3.Easy
Under Part I of the UK Consumer Protection Act 1987, liability for a defective product is:
- ALimited to products bought directly from the producer
- BOnly available if there is a contract with the producer of the product
- CFault-based, so the claimant must prove negligence
- DStrict, so the claimant need not prove the producer was at fault
4.Medium
A driver is in a minor collision, suffers no physical injury, but his chronic fatigue illness becomes permanent. In Page v Smith, he could recover because:
- APsychiatric injury is always recoverable after any road accident, however minor
- BHe had a close tie of love with the other driver
- CThe defendant intended to injure him
- DHe was a primary victim and personal injury of some kind was foreseeable
5.Medium
The "but for" test is used to establish:
- ARemoteness of damage
- BThe standard of care
- CDuty of care
- DFactual causation
6.Medium
The Caparo test for a new duty of care requires:
- AA contract between the parties, a breach of its terms and loss flowing directly from the breach
- BProof of criminal conduct
- CIntention, motive and damage
- DForeseeability of harm, proximity and that it is fair, just and reasonable to impose a duty
7.Hard
Residents complain of noise from a motor sports stadium that had been used for years and had planning permission. In Coventry v Lawrence, the Supreme Court held that:
- AComing to the nuisance was a complete defence
- BPlanning permission was not in itself a defence, and damages instead of an injunction should be considered more flexibly
- CPlanning permission was a complete defence to the nuisance claim
- DCourts must always grant an injunction where nuisance is proved
8.Hard
Under section 4 of the Defamation Act 2013, the public interest defence requires that:
- AThe statement was on a matter of public interest and the defendant reasonably believed publishing it was in the public interest
- BThe statement was on a matter of public interest and the defendant honestly believed that every factual claim it contained was true
- CThe statement is shown to be substantially true
- DThe statement was made in Parliament or in court
Answer key
- 1. A · They can usually claim, because rescue is foreseeable
- 2. B · Conversion
- 3. D · Strict, so the claimant need not prove the producer was at fault
- 4. D · He was a primary victim and personal injury of some kind was foreseeable
- 5. D · Factual causation
- 6. D · Foreseeability of harm, proximity and that it is fair, just and reasonable to impose a duty
- 7. B · Planning permission was not in itself a defence, and damages instead of an injunction should be considered more flexibly
- 8. A · The statement was on a matter of public interest and the defendant reasonably believed publishing it was in the public interest
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