1.Easy
Exemplary (punitive) damages in English tort law aim to:
- AReturn any profit the claimant has lost
- BCompensate the claimant's financial loss
- CReflect the claimant's injured feelings
- DPunish the defendant for outrageous conduct
2.Easy
Under Part I of the UK Consumer Protection Act 1987, liability for a defective product is:
- AFault-based, so the claimant must prove negligence
- BOnly available if there is a contract with the producer of the product
- CLimited to products bought directly from the producer
- DStrict, so the claimant need not prove the producer was at fault
3.Easy
An employer can be liable for torts committed by an employee during their work. This is called:
- AStrict liability for all acts
- BNovus actus interveniens
- CContributory negligence
- DVicarious liability
4.Medium
The Wagon Mound case concerns which issue?
- ADirectness: a defendant is liable for all direct consequences of the breach
- BStrict liability for animals
- CRemoteness: only reasonably foreseeable types of damage are recoverable
- DDuty of care to unborn children
5.Medium
A learner driver on her third lesson crashes and injures her instructor. Under Nettleship v Weston, her driving is judged by the standard of:
- AHer own best efforts as a beginner
- BA professional racing driver
- CA reasonably competent and experienced driver
- DA reasonable learner at the same stage
6.Medium
After a flood makes a factory floor slippery, the owner spreads sawdust but not everywhere, and a worker slips. Under Latimer v AEC, the owner was:
- ANegligent, because it should have closed the factory until the floor was dry
- BNegligent, because any slip proves a breach
- CStrictly liable for flood damage
- DNot negligent, because closing the factory would have been out of proportion
7.Hard
After drinking together for hours, a man agrees to fly with an obviously very drunk pilot, and the plane crashes. In Morris v Murray, the passenger's claim:
- ASucceeded, because volenti never applies to passengers
- BSucceeded, with damages reduced for contributory negligence
- CFailed, because he voluntarily accepted the risk
- DFailed, because of illegality
8.Hard
Young offenders escape while their officers sleep, and damage a yacht nearby. In Home Office v Dorset Yacht Co, the House of Lords held:
- ANo duty, because the Home Office is part of the Crown
- BThe yacht owner was contributorily negligent
- CNo duty, because the damage was done by third parties acting of their own free will
- DA duty could be owed, because the officers had control over the offenders
Answer key
- 1. D · Punish the defendant for outrageous conduct
- 2. D · Strict, so the claimant need not prove the producer was at fault
- 3. D · Vicarious liability
- 4. C · Remoteness: only reasonably foreseeable types of damage are recoverable
- 5. C · A reasonably competent and experienced driver
- 6. D · Not negligent, because closing the factory would have been out of proportion
- 7. C · Failed, because he voluntarily accepted the risk
- 8. D · A duty could be owed, because the officers had control over the offenders
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