1.Easy
The defence of necessity in tort may justify an act when:
- AIt was reasonably necessary to prevent greater harm to people or property
- BThe defendant was in a hurry
- CThe act was necessary to protect the defendant's business profits from foreseeable loss
- DThe claimant was rude to the defendant
2.Easy
An employer's duty to provide competent staff, safe equipment, a safe place and a safe system of work is:
- AA non-delegable duty
- BA duty owed only to managers
- CA duty that can be passed to any contractor
- DA duty that applies only in factories
3.Easy
For a defamation claim, the statement must be defamatory, refer to the claimant, and be:
- APublished to at least one third party
- BPublished in print or on television
- CRepeated by at least two people
- DRead by the claimant personally
4.Medium
A five-year-old falls into a trench on open land while playing without an adult. In Phipps v Rochester Corporation, the occupier was:
- ALiable, because the trench was not fenced
- BNot liable, because it could expect parents to supervise very young children
- CLiable, because young children must be protected from every danger on the land
- DNot liable, because the child was a trespasser
5.Medium
Under Dutch law, the general provision for liability for unlawful acts (onrechtmatige daad) is:
- AArticle 1 of the Constitution
- BArticle 3:40 BW
- CArticle 7:17 BW
- DArticle 6:162 BW
6.Medium
Under Froom v Butcher, if wearing a seatbelt would have prevented a car passenger's injuries entirely, damages are usually reduced by:
- A50%
- B75%
- C25%
- D10%
7.Hard
A tannery spills small amounts of solvent over many years. It seeps underground and contaminates a water company's borehole, which nobody could have foreseen. In Cambridge Water v Eastern Counties Leather:
- AThe tannery was liable, because Rylands liability is strict and needs no foreseeability
- BThe water company was barred by contributory negligence
- CThe tannery was liable in negligence instead
- DThe tannery was not liable, because the type of damage was not foreseeable
8.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
- BNot liable, because violence was not part of his job
- CVicariously liable, as the assault was closely connected to his job of serving customers
- DLiable only if it had trained him poorly
Answer key
- 1. A · It was reasonably necessary to prevent greater harm to people or property
- 2. A · A non-delegable duty
- 3. A · Published to at least one third party
- 4. B · Not liable, because it could expect parents to supervise very young children
- 5. D · Article 6:162 BW
- 6. C · 25%
- 7. D · The tannery was not liable, because the type of damage was not foreseeable
- 8. C · Vicariously liable, as the assault was closely connected to his job of serving customers
Full step-by-step solutions: practise this topic on examproblems.com.