1.Easy
Which English statute lets dependants of a person killed by a tort claim for their loss of financial support?
- ACompensation Act 2006
- BLaw Reform (Contributory Negligence) Act 1945
- COccupiers' Liability Act 1984
- DFatal Accidents Act 1976
2.Easy
The tort of battery is:
- AThe intentional and direct application of unlawful force to another person
- BMaking a false statement that harms someone's reputation
- CCarelessly injuring another person on the road
- DCausing another person to reasonably fear that unlawful force is about to be used
3.Easy
To bring a private claim for public nuisance, a claimant must show:
- AAn interest in land next to the place where the nuisance occurs
- BSpecial damage beyond that suffered by the public in general
- CThat a criminal conviction has been obtained
- DThat the defendant intended to cause harm
4.Medium
The Bolam test applies to:
- AThe standard of care expected of professionals such as doctors
- BThe remoteness of damage
- COccupiers' liability to trespassers
- DDefamation defences
5.Medium
A premature baby goes blind. Excess oxygen negligently given was only one of five possible causes. In Wilsher v Essex AHA, the claim:
- AFailed, because no duty was owed to a baby
- BSucceeded, because the negligence materially increased the risk of the blindness
- CSucceeded, with damages reduced by four fifths
- DFailed, because the claimant could not prove the negligence caused the blindness
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 patient consented, so there was no claim
- BThe surgeon was not liable, as the "but for" test failed
- CThe surgeon was liable only for the cost of the operation
- DThe surgeon was liable, modifying normal causation principles
7.Hard
In the Dutch "relativity" requirement (Article 6:163 BW), a claim fails if:
- AThe norm that was broken does not aim to protect the claimant against the damage suffered
- BThe defendant did not foresee the precise way in which the damage to the claimant would come about
- CThe claimant did not hire a lawyer
- DThe damage exceeds a fixed amount
8.Hard
After an accident in a tunnel, a police inspector negligently orders an officer to ride back against the traffic, and the officer is hit. In Knightley v Johns, the original negligent driver was:
- ANot liable for the officer's injury, because the inspector's negligence broke the chain
- BLiable, because rescuers are foreseeable
- CLiable for half, shared with the inspector
- DLiable for all consequences, because the officer's injury was a foreseeable result of the crash
Answer key
- 1. D · Fatal Accidents Act 1976
- 2. A · The intentional and direct application of unlawful force to another person
- 3. B · Special damage beyond that suffered by the public in general
- 4. A · The standard of care expected of professionals such as doctors
- 5. D · Failed, because the claimant could not prove the negligence caused the blindness
- 6. D · The surgeon was liable, modifying normal causation principles
- 7. A · The norm that was broken does not aim to protect the claimant against the damage suffered
- 8. A · Not liable for the officer's injury, because the inspector's negligence broke the chain
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