1.Easy
Under the Occupiers' Liability Act 1957, an occupier owes lawful visitors:
- AStrict liability for any injury on the premises
- BThe common duty of care
- CNo duty unless there is a contract
- DA duty only to warn of hidden dangers
2.Easy
Which defence applies when the claimant voluntarily accepted the risk of harm?
- ANecessity
- BContributory negligence
- CVolenti non fit injuria (consent)
- DSelf-defence
3.Easy
Defamation protects a person's:
- AReputation
- BPhysical safety
- CProperty
- DPrivacy of medical records only
4.Medium
A firefighter is injured by a heavy jack in an unsuitable lorry rushed to rescue a woman trapped under a vehicle. Under Watt v Hertfordshire CC, the fire authority was:
- AStrictly liable for injuries to employees
- BNegligent, because firefighters must never take risks
- CNegligent, because it used an unsuitable vehicle
- DNot negligent, because saving life justified the risk
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
Workmen leave an open manhole with paraffin lamps. A boy knocks a lamp in, causing an unexpected explosion and burns. In Hughes v Lord Advocate, the defendants were:
- ANot liable, because the explosion was unforeseeable
- BLiable, because burns were a foreseeable type of harm
- CLiable only for half of the damage
- DNot liable, because the boy was a trespasser
7.Hard
A "novus actus interveniens" can:
- ATurn a civil claim into a criminal one when the intervening act is an offence
- BCreate a new duty of care
- CBreak the chain of causation between the defendant's breach and the harm
- DIncrease the damages owed
8.Hard
A surveyor values a modest house for a mortgage lender, knowing the buyer will rely on it. The report is negligent and contains a disclaimer. In Smith v Eric S Bush, the House of Lords held:
- AThe lender alone could sue the surveyor
- BThe surveyor owed a duty to the buyer, and the disclaimer failed the reasonableness test
- CThe surveyor owed no duty, because the buyer was not the client who commissioned the report
- DThe disclaimer excluded all liability to the buyer
Answer key
- 1. B · The common duty of care
- 2. C · Volenti non fit injuria (consent)
- 3. A · Reputation
- 4. D · Not negligent, because saving life justified the risk
- 5. D · A reasonable 15-year-old
- 6. B · Liable, because burns were a foreseeable type of harm
- 7. C · Break the chain of causation between the defendant's breach and the harm
- 8. B · The surveyor owed a duty to the buyer, and the disclaimer failed the reasonableness test
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