1.Easy
A civil claim for breach of statutory duty succeeds only if:
- AThe statute creates any duty at all
- BThe claimant has no other possible claim
- CParliament intended the statute to give individuals a right to sue
- DThe defendant has also been convicted of a criminal offence under the statute
2.Easy
In a personal injury claim, "special damages" usually cover:
- ASpecific financial losses up to trial, such as lost earnings and medical costs
- BA nominal sum to mark that a right was infringed
- CCompensation for pain, suffering and loss of amenity up to the date of the trial
- DExtra damages to punish the defendant
3.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
- CAnyone who lives at the property, including family members and lodgers
- DAny visitor staying at the property
4.Medium
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:
- ANot negligent, because closing the factory would have been out of proportion
- BNegligent, because any slip proves a breach
- CStrictly liable for flood damage
- DNegligent, because it should have closed the factory until the floor was dry
5.Medium
Police officers who helped at the Hillsborough disaster suffered psychiatric injury. In White v Chief Constable of South Yorkshire, their claims:
- ASucceeded, because rescuers are always treated as primary victims in English law
- BSucceeded, because they were employees of the defendant
- CFailed, because they were not in physical danger and were not primary victims
- DFailed, because the police can never sue their employer
6.Medium
A firefighter is injured by a heavy jack in an unsuitable lorry rushed to rescue a woman trapped under a vehicle. Under Watt v Hertfordshire CC, the fire authority was:
- ANegligent, because it used an unsuitable vehicle
- BNegligent, because firefighters must never take risks
- CStrictly liable for injuries to employees
- DNot negligent, because saving life justified the risk
7.Hard
A petrol station kiosk attendant racially abuses a customer, follows him outside and assaults him. In Mohamud v WM Morrison Supermarkets, the employer was:
- ANot liable, because the assault took place outside the kiosk and after the conversation ended
- BLiable only if it had trained him poorly
- CVicariously liable, as the assault was closely connected to his job of serving customers
- DNot liable, because violence was not part of his job
8.Hard
A tall new building blocks television reception for many nearby homes. In Hunter v Canary Wharf, the House of Lords held:
- AThere was a nuisance, and all residents, including family members and lodgers, could sue
- BThere was a nuisance, but only the council could sue
- CThere was no actionable nuisance, and only those with an interest in land could sue
- DThere was no nuisance, as nuisance requires noise
Answer key
- 1. C · Parliament intended the statute to give individuals a right to sue
- 2. A · Specific financial losses up to trial, such as lost earnings and medical costs
- 3. A · A person with a right to the land affected, such as an owner or tenant
- 4. A · Not negligent, because closing the factory would have been out of proportion
- 5. C · Failed, because they were not in physical danger and were not primary victims
- 6. D · Not negligent, because saving life justified the risk
- 7. C · Vicariously liable, as the assault was closely connected to his job of serving customers
- 8. C · There was no actionable nuisance, and only those with an interest in land could sue
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