1.Easy
How do English courts usually treat a person injured while rescuing someone endangered by the defendant's negligence?
- AThey cannot claim, because they volunteered
- BThey can claim only if they are professional rescuers, such as firefighters
- CThey can usually claim, because rescue is foreseeable
- DThey can claim only half their damages
2.Easy
Wrongfully dealing with another person's goods in a way that denies their rights, such as selling them, is the tort of:
- ABattery
- BPassing off
- CNuisance
- DConversion
3.Easy
In English law, is there a general duty to rescue a stranger in danger?
- AYes, but only for trained professionals
- BNo, there is generally no liability for a pure omission
- CYes, everyone must try to rescue anyone in danger
- DNo, unless the stranger asks for help
4.Medium
In Bolitho v City and Hackney HA, the House of Lords added to the Bolam test that the professional opinion relied on must:
- ABe capable of withstanding logical analysis
- BBe held by most doctors in the country
- CBe written in a medical textbook
- DBe accepted by the patient
5.Medium
Workmen leave an open manhole with paraffin lamps. A boy knocks a lamp in, causing an unexpected explosion and burns. In Hughes v Lord Advocate, the defendants were:
- ALiable only for half of the damage
- BNot liable, because the boy was a trespasser
- CNot liable, because the explosion was unforeseeable
- DLiable, because burns were a foreseeable type of harm
6.Medium
A doctor builds a consulting room next to a confectioner whose noisy machines had operated for years without complaint. Can the confectioner defend a nuisance claim by saying the doctor "came to the nuisance"?
- ANo, because doctors have special protection
- BYes, because the machines were used first
- CYes, the doctor accepted the noise by building there
- DNo, coming to the nuisance is not a defence
7.Hard
After Barker v Corus held that liability under the Fairchild exception was proportionate to each defendant's share of the risk, Parliament responded for mesothelioma cases by:
- ACreating a state compensation fund to replace tort claims against employers and their insurers entirely
- BMaking each responsible person liable for the whole damage, under the Compensation Act 2006
- CAbolishing claims for asbestos disease
- DRequiring proof of "but for" causation in all cases
8.Hard
Residents complain of noise from a motor sports stadium that had been used for years and had planning permission. In Coventry v Lawrence, the Supreme Court held that:
- APlanning permission was not in itself a defence, and damages instead of an injunction should be considered more flexibly
- BCourts must always grant an injunction where nuisance is proved
- CComing to the nuisance was a complete defence
- DPlanning permission was a complete defence to the nuisance claim
Answer key
- 1. C · They can usually claim, because rescue is foreseeable
- 2. D · Conversion
- 3. B · No, there is generally no liability for a pure omission
- 4. A · Be capable of withstanding logical analysis
- 5. D · Liable, because burns were a foreseeable type of harm
- 6. D · No, coming to the nuisance is not a defence
- 7. B · Making each responsible person liable for the whole damage, under the Compensation Act 2006
- 8. A · Planning permission was not in itself a defence, and damages instead of an injunction should be considered more flexibly
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