1.Easy
How do English courts usually treat a person injured while rescuing someone endangered by the defendant's negligence?
- AThey can usually claim, because rescue is foreseeable
- BThey cannot claim, because they volunteered
- CThey can claim only half their damages
- DThey can claim only if they are professional rescuers, such as firefighters
2.Easy
Wrongfully dealing with another person's goods in a way that denies their rights, such as selling them, is the tort of:
- ABattery
- BConversion
- CPassing off
- DNuisance
3.Easy
Under Part I of the UK Consumer Protection Act 1987, liability for a defective product is:
- ALimited to products bought directly from the producer
- BFault-based, so the claimant must prove negligence
- COnly available if there is a contract with the producer of the product
- DStrict, so the claimant need not prove the producer was at fault
4.Medium
Under Montgomery v Lanarkshire Health Board, a doctor must inform a patient about:
- AMaterial risks of treatment and reasonable alternatives
- BNothing, unless the patient asks
- COnly the risks other doctors would usually mention
- DEvery possible risk, however remote
5.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:
- AStrictly liable for all eye injuries
- BNegligent, because the possible harm to this worker was very serious
- CNot negligent, because goggles were not normally provided
- DNot negligent, because the risk of an accident was the same for all workers
6.Medium
A cricket ball is hit out of a ground very rarely and injures a passer-by. In Bolton v Stone, the club was:
- ANegligent, because the injury was foreseeable
- BNegligent, because it did not stop playing cricket
- CNot negligent, because the risk was very small
- DStrictly liable for anything leaving the ground
7.Hard
After a workplace injury weakens his leg, a man walks down steep stairs with no handrail while carrying a child, his leg gives way, and he jumps and breaks his ankle. In McKew v Holland and Hannen and Cubitts:
- AHis unreasonable conduct broke the chain of causation
- BThe employer was liable for half of the ankle injury
- CThe employer was liable for the ankle injury as a foreseeable result
- DThe stairs' owner was solely liable
8.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:
- AFailed, because of illegality
- BFailed, because he voluntarily accepted the risk
- CSucceeded, with damages reduced for contributory negligence
- DSucceeded, because volenti never applies to passengers
Answer key
- 1. A · They can usually claim, because rescue is foreseeable
- 2. B · Conversion
- 3. D · Strict, so the claimant need not prove the producer was at fault
- 4. A · Material risks of treatment and reasonable alternatives
- 5. B · Negligent, because the possible harm to this worker was very serious
- 6. C · Not negligent, because the risk was very small
- 7. A · His unreasonable conduct broke the chain of causation
- 8. B · Failed, because he voluntarily accepted the risk
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