1.Easy
For a defamation claim, the statement must be defamatory, refer to the claimant, and be:
- ARead by the claimant personally
- BRepeated by at least two people
- CPublished to at least one third party
- DPublished in print or on television
2.Easy
In general, a person who hires an independent contractor is:
- ALiable only if the contractor has no insurance
- BAlways vicariously liable for the contractor's torts
- CNot vicariously liable for the contractor's torts
- DLiable for all torts committed in the same year
3.Easy
The tort of battery is:
- AThe intentional and direct application of unlawful force to another person
- BCausing another person to reasonably fear that unlawful force is about to be used
- CMaking a false statement that harms someone's reputation
- DCarelessly injuring another person on the road
4.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:
- AThe defendant's own understanding
- BA reasonable 15-year-old
- CA reasonable adult
- DA reasonable teacher
5.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 accepted by the patient
- BBe written in a medical textbook
- CBe held by most doctors in the country
- DBe capable of withstanding logical analysis
6.Medium
A surgeon fails to warn a patient of a small risk of a serious complication. The patient would have had the operation anyway, but later. The risk materialises. In Chester v Afshar, the House of Lords held:
- AThe surgeon was liable, modifying normal causation principles
- BThe surgeon was liable only for the cost of the operation
- CThe surgeon was not liable, as the "but for" test failed
- DThe patient consented, so there was no claim
7.Hard
A man is prevented from walking along part of a bridge closed for an event, but is free to go back the way he came. In Bird v Jones, the court held:
- AThere was false imprisonment, because the bridge was public
- BThere was an assault, because he was blocked
- CThere was no false imprisonment, because his freedom was not totally restricted
- DThere was false imprisonment, because he could not continue the way he wanted to go
8.Hard
Residents complain of noise from a motor sports stadium that had been used for years and had planning permission. In Coventry v Lawrence, the Supreme Court held that:
- APlanning permission was not in itself a defence, and damages instead of an injunction should be considered more flexibly
- BPlanning permission was a complete defence to the nuisance claim
- CCourts must always grant an injunction where nuisance is proved
- DComing to the nuisance was a complete defence
Answer key
- 1. C · Published to at least one third party
- 2. C · Not vicariously liable for the contractor's torts
- 3. A · The intentional and direct application of unlawful force to another person
- 4. B · A reasonable 15-year-old
- 5. D · Be capable of withstanding logical analysis
- 6. A · The surgeon was liable, modifying normal causation principles
- 7. C · There was no false imprisonment, because his freedom was not totally restricted
- 8. A · Planning permission was not in itself a defence, and damages instead of an injunction should be considered more flexibly
Full step-by-step solutions: practise this topic on examproblems.com.