1.Easy
Which defence applies when the claimant voluntarily accepted the risk of harm?
- ANecessity
- BVolenti non fit injuria (consent)
- CSelf-defence
- DContributory negligence
2.Easy
The phrase "res ipsa loquitur" in negligence means:
- AThe facts suggest negligence unless the defendant gives an explanation
- BThe claimant has voluntarily accepted the risk
- CThe case cannot be decided without expert evidence on the standard of care
- DThe defendant is strictly liable for any harm
3.Easy
To bring a private claim for public nuisance, a claimant must show:
- ASpecial damage beyond that suffered by the public in general
- BThat the defendant intended to cause harm
- CAn interest in land next to the place where the nuisance occurs
- DThat a criminal conviction has been obtained
4.Medium
Contractors negligently cut a power cable, damaging the melt in a factory's furnace and stopping further production. In Spartan Steel v Martin, the factory recovered:
- AOnly the cost of repairing the cable
- BAll profits lost while the power was off
- CThe damaged melt and its lost profit, but not profit on further melts
- DNothing, because all the losses were economic and none was physical damage
5.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 teacher
- BA reasonable adult
- CThe defendant's own understanding
- DA reasonable 15-year-old
6.Medium
An employer does not give goggles to a worker already blind in one eye, who loses his good eye at work. Under Paris v Stepney BC, the employer was:
- ANot negligent, because the risk of an accident was the same for all workers
- BStrictly liable for all eye injuries
- CNegligent, because the possible harm to this worker was very serious
- DNot negligent, because goggles were not normally provided
7.Hard
The "eggshell skull" rule means that:
- AFragile victims cannot recover damages
- BHead injuries are compensated at a fixed rate
- CThe defendant must take the victim as found, including unusual vulnerabilities
- DOnly foreseeable claimants can sue
8.Hard
A petrol station kiosk attendant racially abuses a customer, follows him outside and assaults him. In Mohamud v WM Morrison Supermarkets, the employer was:
- ANot liable, because the assault took place outside the kiosk and after the conversation ended
- BLiable only if it had trained him poorly
- CNot liable, because violence was not part of his job
- DVicariously liable, as the assault was closely connected to his job of serving customers
Answer key
- 1. B · Volenti non fit injuria (consent)
- 2. A · The facts suggest negligence unless the defendant gives an explanation
- 3. A · Special damage beyond that suffered by the public in general
- 4. C · The damaged melt and its lost profit, but not profit on further melts
- 5. D · A reasonable 15-year-old
- 6. C · Negligent, because the possible harm to this worker was very serious
- 7. C · The defendant must take the victim as found, including unusual vulnerabilities
- 8. D · Vicariously liable, as the assault was closely connected to his job of serving customers
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