1.Easy
For a defamation claim, the statement must be defamatory, refer to the claimant, and be:
- ARepeated by at least two people
- BPublished in print or on television
- CRead by the claimant personally
- DPublished to at least one third party
2.Easy
Contributory negligence usually leads to:
- AComplete defeat of the claim in all modern systems
- BCriminal liability for the claimant
- CA reduction in the claimant's damages
- DA higher award of damages
3.Easy
What is the usual remedy for an ongoing private nuisance?
- AA fine payable to the state
- BAn injunction
- CRescission
- DAn apology ordered by the court
4.Medium
A five-year-old falls into a trench on open land while playing without an adult. In Phipps v Rochester Corporation, the occupier was:
- ALiable, because the trench was not fenced
- BLiable, because young children must be protected from every danger on the land
- CNot liable, because the child was a trespasser
- DNot liable, because it could expect parents to supervise very young children
5.Medium
A man bangs trays and shouts every time his neighbour, a music teacher, gives lessons, purely to annoy her. In Christie v Davey, the court held:
- AIntention is irrelevant in nuisance, so his motive could not affect the claim
- BOnly the police could deal with the noise
- CMusic lessons are themselves a nuisance
- DHis malice made the noise an unreasonable use of land and a nuisance
6.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 held by most doctors in the country
- BBe capable of withstanding logical analysis
- CBe written in a medical textbook
- DBe accepted by the patient
7.Hard
Under section 4 of the Defamation Act 2013, the public interest defence requires that:
- AThe statement was made in Parliament or in court
- BThe statement was on a matter of public interest and the defendant honestly believed that every factual claim it contained was true
- CThe statement is shown to be substantially true
- DThe statement was on a matter of public interest and the defendant reasonably believed publishing it was in the public interest
8.Hard
A newspaper publishes that a model is attending Narcotics Anonymous, with details and photographs of her leaving a meeting. In Campbell v MGN, the House of Lords held:
- AOnly the fact of her addiction was private
- BThere was no claim, because she had lied about drug use
- CPublishing the details and photographs was a misuse of private information
- DThere was no claim, because the photographs were taken on a public street in London
Answer key
- 1. D · Published to at least one third party
- 2. C · A reduction in the claimant's damages
- 3. B · An injunction
- 4. D · Not liable, because it could expect parents to supervise very young children
- 5. D · His malice made the noise an unreasonable use of land and a nuisance
- 6. B · Be capable of withstanding logical analysis
- 7. D · The statement was on a matter of public interest and the defendant reasonably believed publishing it was in the public interest
- 8. C · Publishing the details and photographs was a misuse of private information
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