1.Easy
Wrongfully dealing with another person's goods in a way that denies their rights, such as selling them, is the tort of:
- ANuisance
- BPassing off
- CBattery
- DConversion
2.Easy
The tort of battery is:
- ACausing another person to reasonably fear that unlawful force is about to be used
- BMaking a false statement that harms someone's reputation
- CThe intentional and direct application of unlawful force to another person
- DCarelessly injuring another person on the road
3.Easy
The defence of necessity in tort may justify an act when:
- AThe defendant was in a hurry
- BIt was reasonably necessary to prevent greater harm to people or property
- CThe claimant was rude to the defendant
- DThe act was necessary to protect the defendant's business profits from foreseeable loss
4.Medium
The Caparo test for a new duty of care requires:
- AA contract between the parties, a breach of its terms and loss flowing directly from the breach
- BForeseeability of harm, proximity and that it is fair, just and reasonable to impose a duty
- CIntention, motive and damage
- DProof of criminal conduct
5.Medium
Auditors negligently certify a company's accounts. An investor relies on them to buy more shares and suffers loss. In Caparo v Dickman, the auditors:
- AOwed a duty because the investor was a shareholder
- BOwed no duty to the investor for this purpose
- COwed a duty to anyone relying on the accounts
- DWere strictly liable for errors in the accounts
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 adult
- BA reasonable teacher
- CThe defendant's own understanding
- DA reasonable 15-year-old
7.Hard
Two children see their father collapse and die from a heart attack, long after a hospital negligently failed to diagnose his heart disease. In Paul v Royal Wolverhampton NHS Trust (2024), the Supreme Court held that:
- AOnly their mother could claim for their shock
- BThey could recover because they witnessed the death
- CThey were primary victims of the hospital's negligence
- DThe hospital owed them no duty as secondary victims
8.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 in negligence instead
- BThe tannery was liable, because Rylands liability is strict and needs no foreseeability
- CThe water company was barred by contributory negligence
- DThe tannery was not liable, because the type of damage was not foreseeable
Answer key
- 1. D · Conversion
- 2. C · The intentional and direct application of unlawful force to another person
- 3. B · It was reasonably necessary to prevent greater harm to people or property
- 4. B · Foreseeability of harm, proximity and that it is fair, just and reasonable to impose a duty
- 5. B · Owed no duty to the investor for this purpose
- 6. D · A reasonable 15-year-old
- 7. D · The hospital owed them no duty as secondary victims
- 8. D · The tannery was not liable, because the type of damage was not foreseeable
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