1.Easy
Which English statute lets dependants of a person killed by a tort claim for their loss of financial support?
- ALaw Reform (Contributory Negligence) Act 1945
- BOccupiers' Liability Act 1984
- CCompensation Act 2006
- DFatal Accidents Act 1976
2.Easy
In negligence, the standard of care is usually that of:
- AThe reasonable person in the defendant's position
- BThe claimant's expectations
- CA perfect expert in every case
- DThe defendant's own personal best
3.Easy
The tort of assault is:
- AActually applying force to someone directly and without their consent
- BHolding someone in a room against their will
- CInsulting someone in front of others
- DCausing someone to reasonably expect immediate unlawful force
4.Medium
A learner driver on her third lesson crashes and injures her instructor. Under Nettleship v Weston, her driving is judged by the standard of:
- AA reasonably competent and experienced driver
- BHer own best efforts as a beginner
- CA professional racing driver
- DA reasonable learner at the same stage
5.Medium
A surgeon fails to warn a patient of a small risk of a serious complication. The patient would have had the operation anyway, but later. The risk materialises. In Chester v Afshar, the House of Lords held:
- AThe surgeon was liable only for the cost of the operation
- BThe surgeon was not liable, as the "but for" test failed
- CThe patient consented, so there was no claim
- DThe surgeon was liable, modifying normal causation principles
6.Medium
Two 15-year-old girls fence with plastic rulers and one is injured in the eye. Under Mullin v Richards, the defendant's conduct is judged by the standard of:
- AA reasonable teacher
- BA reasonable 15-year-old
- CThe defendant's own understanding
- DA reasonable adult
7.Hard
A tall new building blocks television reception for many nearby homes. In Hunter v Canary Wharf, the House of Lords held:
- AThere was no nuisance, as nuisance requires noise
- 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 a nuisance, and all residents, including family members and lodgers, could sue
8.Hard
For a public authority, a negligence claim about how it exercised a statutory power often fails because:
- AStatutory powers automatically create a private law duty to use them carefully for each citizen
- BCourts are reluctant to impose duties for failing to confer benefits or for policy decisions
- CAuthorities are always immune from all claims
- DThe authority must be sued in a criminal court
Answer key
- 1. D · Fatal Accidents Act 1976
- 2. A · The reasonable person in the defendant's position
- 3. D · Causing someone to reasonably expect immediate unlawful force
- 4. A · A reasonably competent and experienced driver
- 5. D · The surgeon was liable, modifying normal causation principles
- 6. B · A reasonable 15-year-old
- 7. C · There was no actionable nuisance, and only those with an interest in land could sue
- 8. B · Courts are reluctant to impose duties for failing to confer benefits or for policy decisions
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