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 cannot claim, because they volunteered
- CThey can claim only if they are professional rescuers, such as firefighters
- DThey can claim only half their damages
2.Easy
Which defence applies when the claimant voluntarily accepted the risk of harm?
- AContributory negligence
- BSelf-defence
- CVolenti non fit injuria (consent)
- DNecessity
3.Easy
Wrongfully dealing with another person's goods in a way that denies their rights, such as selling them, is the tort of:
- AConversion
- BNuisance
- CBattery
- DPassing off
4.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 only if the lift is new
- BNot liable, if it reasonably chose a competent contractor
- CLiable for any defect on its premises
- DLiable, because maintenance is non-delegable
5.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:
- AHe had a close tie of love with the other driver
- BThe defendant intended to injure him
- CPsychiatric injury is always recoverable after any road accident, however minor
- DHe was a primary victim and personal injury of some kind was foreseeable
6.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 liable, modifying normal causation principles
- CThe surgeon was not liable, as the "but for" test failed
- DThe patient consented, so there was no claim
7.Hard
A prisoner known to be a suicide risk kills himself in a police cell after officers leave the door hatch open. In Reeves v Metropolitan Police Commissioner, the House of Lords held:
- AHis deliberate act broke the chain of causation
- BThe claim failed because of illegality
- CHis deliberate act did not break the chain, because it was the very thing the duty aimed to prevent
- DThe police were not liable, because a sane adult's suicide is always a voluntary act breaking the chain
8.Hard
A man is prevented from walking along part of a bridge closed for an event, but is free to go back the way he came. In Bird v Jones, the court held:
- AThere was an assault, because he was blocked
- BThere was no false imprisonment, because his freedom was not totally restricted
- CThere was false imprisonment, because he could not continue the way he wanted to go
- DThere was false imprisonment, because the bridge was public
Answer key
- 1. A · They can usually claim, because rescue is foreseeable
- 2. C · Volenti non fit injuria (consent)
- 3. A · Conversion
- 4. B · Not liable, if it reasonably chose a competent contractor
- 5. D · He was a primary victim and personal injury of some kind was foreseeable
- 6. B · The surgeon was liable, modifying normal causation principles
- 7. C · His deliberate act did not break the chain, because it was the very thing the duty aimed to prevent
- 8. B · There was no false imprisonment, because his freedom was not totally restricted
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