1.Easy
When two tortfeasors cause the same indivisible damage, the claimant can usually:
- ASue only the one who acted first
- BSue only if both are joined in one claim
- CRecover only half from each of them
- DRecover the full damages from either of them
2.Easy
An employer's duty to provide competent staff, safe equipment, a safe place and a safe system of work is:
- AA non-delegable duty
- BA duty that applies only in factories
- CA duty that can be passed to any contractor
- DA duty owed only to managers
3.Easy
The tort of assault is:
- AActually applying force to someone directly and without their consent
- BCausing someone to reasonably expect immediate unlawful force
- CInsulting someone in front of others
- DHolding someone in a room against their will
4.Medium
A house is built on defective foundations, approved by the local authority. Cracks appear and the owner sells at a loss. In Murphy v Brentwood DC, the loss was:
- ARecoverable because the council approved the plans
- BPure economic loss, not recoverable in negligence
- CPhysical damage, fully recoverable
- DRecoverable only against the buyer
5.Medium
Under Froom v Butcher, if wearing a seatbelt would have prevented a car passenger's injuries entirely, damages are usually reduced by:
- A25%
- B50%
- C75%
- D10%
6.Medium
An occupier hires a reputable lift company to maintain a lift. The company's negligence causes an accident. Under Haseldine v Daw, the occupier is:
- ALiable for any defect on its premises
- BNot liable, if it reasonably chose a competent contractor
- CLiable only if the lift is new
- DLiable, because maintenance is non-delegable
7.Hard
A council's water pipe to a block of flats leaks and causes an embankment to collapse, exposing a gas main. In Transco v Stockport MBC, the House of Lords held:
- AThe council was liable in negligence for the leak
- BThere was no Rylands liability, because supplying water by pipe was not a non-natural use
- CThe council was strictly liable for all escaping water
- DRylands v Fletcher was abolished in English law
8.Hard
A bank requires job applicants to have medical examinations by a self-employed doctor, who abuses some of them. In Barclays Bank v Various Claimants (2020), the Supreme Court held the bank:
- AVicariously liable, because it chose the doctor
- BStrictly liable for any harm to applicants
- CNot vicariously liable, as the doctor was an independent contractor running his own business
- DVicariously liable, as the relationship was akin to employment and the bank benefited from his work
Answer key
- 1. D · Recover the full damages from either of them
- 2. A · A non-delegable duty
- 3. B · Causing someone to reasonably expect immediate unlawful force
- 4. B · Pure economic loss, not recoverable in negligence
- 5. A · 25%
- 6. B · Not liable, if it reasonably chose a competent contractor
- 7. B · There was no Rylands liability, because supplying water by pipe was not a non-natural use
- 8. C · Not vicariously liable, as the doctor was an independent contractor running his own business
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