1.Easy
An employer can be liable for torts committed by an employee during their work. This is called:
- AVicarious liability
- BNovus actus interveniens
- CStrict liability for all acts
- DContributory negligence
2.Easy
In England and Wales, a negligence claim for personal injury must usually be started within:
- ATwelve years of the injury
- BOne year of the injury
- CThree years of the injury or the date of knowledge
- DSix years of the injury
3.Easy
Statements made by MPs during debates in the UK Parliament are protected in defamation by:
- AAbsolute privilege
- BQualified privilege
- CThe defence of honest opinion
- DThe public interest defence
4.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 goggles were not normally provided
- BNegligent, because the possible harm to this worker was very serious
- CStrictly liable for all eye injuries
- DNot negligent, because the risk of an accident was the same for all workers
5.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
- BNot liable, because the boy was a trespasser
- CLiable only for half of the damage
- DLiable, because burns were a foreseeable type of harm
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
In Hedley Byrne v Heller, liability for negligent misstatement arose because:
- AThe statement caused physical injury
- BThere was a contract between the parties under which the bank was paid a fee for the reference it gave
- CThere was a special relationship in which the claimant reasonably relied on advice given with skill
- DThe defendant intended to deceive
8.Hard
A mother arrives at hospital about two hours after a road accident and sees her family injured and covered in blood. In McLoughlin v O'Brian, she:
- ACould recover, as she saw the immediate aftermath
- BCould recover only for financial losses
- CCould not recover, as she was only told about it
- DCould not recover, as she was not at the scene
Answer key
- 1. A · Vicarious liability
- 2. C · Three years of the injury or the date of knowledge
- 3. A · Absolute privilege
- 4. B · Negligent, because the possible harm to this worker was very serious
- 5. D · Liable, because burns were a foreseeable type of harm
- 6. A · The surgeon was liable, modifying normal causation principles
- 7. C · There was a special relationship in which the claimant reasonably relied on advice given with skill
- 8. A · Could recover, as she saw the immediate aftermath
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