1.Easy
The phrase "res ipsa loquitur" in negligence means:
- AThe facts suggest negligence unless the defendant gives an explanation
- BThe defendant is strictly liable for any harm
- CThe claimant has voluntarily accepted the risk
- DThe case cannot be decided without expert evidence on the standard of care
2.Easy
Trespass to land means:
- ABuilding a house on your own land
- BMaking noise on your own land
- CSelling land without a contract
- DEntering or remaining on another's land without permission
3.Easy
When two tortfeasors cause the same indivisible damage, the claimant can usually:
- ARecover the full damages from either of them
- BRecover only half from each of them
- CSue only if both are joined in one claim
- DSue only the one who acted first
4.Medium
Two chimney sweeps die from fumes while sealing a chimney, despite warnings about the danger. In Roles v Nathan, the occupier was:
- ALiable, because occupiers must make premises completely safe for every visitor, including specialists
- BNot liable, because specialists can be expected to guard against risks of their trade
- CNot liable, because the sweeps were trespassers
- DLiable, because the warnings were given orally
5.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 only if the lift is new
- BLiable, because maintenance is non-delegable
- CLiable for any defect on its premises
- DNot liable, if it reasonably chose a competent contractor
6.Medium
A worker inhales silica dust from two sources, only one of which was due to the employer's breach. In Bonnington Castings v Wardlaw, the employer was liable because the guilty dust:
- AWas the only cause of the disease
- BWas more than half of the total dust
- CWas easier to prevent than the other dust
- DMaterially contributed to the disease
7.Hard
As a practical joke, a man falsely tells a woman that her husband has been badly injured. She suffers a serious illness from the shock. In Wilkinson v Downton, the man was:
- ALiable for intentionally causing physical harm by a false statement
- BNot liable, because there was no direct physical contact with the woman
- CNot liable, because it was only a joke
- DLiable only in defamation
8.Hard
After an accident in a tunnel, a police inspector negligently orders an officer to ride back against the traffic, and the officer is hit. In Knightley v Johns, the original negligent driver was:
- ALiable, because rescuers are foreseeable
- BNot liable for the officer's injury, because the inspector's negligence broke the chain
- CLiable for all consequences, because the officer's injury was a foreseeable result of the crash
- DLiable for half, shared with the inspector
Answer key
- 1. A · The facts suggest negligence unless the defendant gives an explanation
- 2. D · Entering or remaining on another's land without permission
- 3. A · Recover the full damages from either of them
- 4. B · Not liable, because specialists can be expected to guard against risks of their trade
- 5. D · Not liable, if it reasonably chose a competent contractor
- 6. D · Materially contributed to the disease
- 7. A · Liable for intentionally causing physical harm by a false statement
- 8. B · Not liable for the officer's injury, because the inspector's negligence broke the chain
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