1.Easy
Under section 1 of the Defamation Act 2013, a statement is not defamatory unless:
- AThe claimant has lost money because of it
- BIt was published in a newspaper or online
- CThe defendant intended to harm the claimant or was reckless as to whether it would
- DIt has caused or is likely to cause serious harm to the claimant's reputation
2.Easy
In English law, the difference between libel and slander is that:
- ALibel must be true, while slander must be false
- BLibel is in permanent form, while slander is in a temporary form such as speech
- CLibel concerns companies and public bodies, while slander concerns private individuals
- DLibel is a crime, while slander is a tort
3.Easy
Exemplary (punitive) damages in English tort law aim to:
- AReflect the claimant's injured feelings
- BCompensate the claimant's financial loss
- CPunish the defendant for outrageous conduct
- DReturn any profit the claimant has lost
4.Medium
The "but for" test is used to establish:
- ADuty of care
- BFactual causation
- CRemoteness of damage
- DThe standard of care
5.Medium
A boarding-house warden employed by a school abuses the boys in his care. In Lister v Hesley Hall, the employer was:
- ALiable only for its own negligent hiring
- BNot liable, because the warden acted for himself
- CNot liable, because abuse is never within the course of the warden's employment
- DVicariously liable, because the abuse was closely connected with his duties
6.Medium
A council leaves an abandoned boat on its land. Two boys jack it up to repair it, and it falls and injures one. In Jolley v Sutton LBC, the council was:
- ALiable, because the broad type of accident was foreseeable
- BNot liable, because the boys' exact actions were unforeseeable
- CLiable only to the boy who used the jack
- DNot liable, because repairs are not play
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
- BHis deliberate act did not break the chain, because it was the very thing the duty aimed to prevent
- CThe claim failed because of illegality
- DThe police were not liable, because a sane adult's suicide is always a voluntary act breaking the chain
8.Hard
A man's leg is injured by a negligent driver. Later, robbers shoot the same leg and it is amputated. In Baker v Willoughby, the driver:
- AWas liable only until the shooting
- BWas released completely from liability by the robbers' later shooting
- CWas liable for the amputation too
- DRemained liable for the original disability after the shooting
Answer key
- 1. D · It has caused or is likely to cause serious harm to the claimant's reputation
- 2. B · Libel is in permanent form, while slander is in a temporary form such as speech
- 3. C · Punish the defendant for outrageous conduct
- 4. B · Factual causation
- 5. D · Vicariously liable, because the abuse was closely connected with his duties
- 6. A · Liable, because the broad type of accident was foreseeable
- 7. B · His deliberate act did not break the chain, because it was the very thing the duty aimed to prevent
- 8. D · Remained liable for the original disability after the shooting
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