1.Easy
When two tortfeasors cause the same indivisible damage, the claimant can usually:
- ARecover the full damages from either of them
- BSue only the one who acted first
- CRecover only half from each of them
- DSue only if both are joined in one claim
2.Easy
Contributory negligence usually leads to:
- AA reduction in the claimant's damages
- BA higher award of damages
- CComplete defeat of the claim in all modern systems
- DCriminal liability for the claimant
3.Easy
False imprisonment is:
- ARefusing to let someone enter your house
- BBlocking one of several routes a person wants to take, however briefly
- CWrongly reporting someone to the police
- DUnlawfully and completely restricting a person's freedom of movement
4.Medium
Heat from a neighbour's ordinary activity damages specially sensitive paper stored by the claimant, but would not harm ordinary paper. Under Robinson v Kilvert, the claim:
- ASucceeds, because the paper was valuable
- BFails, because nuisance does not protect abnormally sensitive uses
- CSucceeds, because any physical damage to goods is an actionable nuisance
- DFails, because heat cannot be a nuisance
5.Medium
Under Froom v Butcher, if wearing a seatbelt would have prevented a car passenger's injuries entirely, damages are usually reduced by:
- A75%
- B25%
- C10%
- D50%
6.Medium
Patients are paralysed by anaesthetic contaminated through invisible cracks in glass ampoules, a risk unknown to doctors at the time. Under Roe v Minister of Health, the hospital was:
- ANegligent, judged by the medical knowledge available at trial
- BNegligent, because harm occurred in hospital
- CStrictly liable for any harm from drugs
- DNot negligent, judged by the knowledge available at the time
7.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 no false imprisonment, because his freedom was not totally restricted
- BThere was false imprisonment, because the bridge was public
- CThere was an assault, because he was blocked
- DThere was false imprisonment, because he could not continue the way he wanted to go
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
- BThe authority must be sued in a criminal court
- CCourts are reluctant to impose duties for failing to confer benefits or for policy decisions
- DAuthorities are always immune from all claims
Answer key
- 1. A · Recover the full damages from either of them
- 2. A · A reduction in the claimant's damages
- 3. D · Unlawfully and completely restricting a person's freedom of movement
- 4. B · Fails, because nuisance does not protect abnormally sensitive uses
- 5. B · 25%
- 6. D · Not negligent, judged by the knowledge available at the time
- 7. A · There was no false imprisonment, because his freedom was not totally restricted
- 8. C · Courts are reluctant to impose duties for failing to confer benefits or for policy decisions
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