Tort law worksheet with answers

When two tortfeasors cause the same indivisible damage, the claimant can usually:

1. ASue only the one who acted first
2. BRecover only half from each of them
3. CRecover the full damages from either of them
4. DSue only if both are joined in one claim

A civil claim for breach of statutory duty succeeds only if:

1. AParliament intended the statute to give individuals a right to sue
2. BThe defendant has also been convicted of a criminal offence under the statute
3. CThe statute creates any duty at all
4. DThe claimant has no other possible claim

In English law, who can normally sue in private nuisance?

1. AA person with a right to the land affected, such as an owner or tenant
2. BOnly the local authority
3. CAny visitor staying at the property
4. DAnyone who lives at the property, including family members and lodgers

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:

1. ANot negligent, because saving life justified the risk
2. BStrictly liable for injuries to employees
3. CNegligent, because firefighters must never take risks
4. DNegligent, because it used an unsuitable vehicle

The Caparo test for a new duty of care requires:

1. AA contract between the parties, a breach of its terms and loss flowing directly from the breach
2. BIntention, motive and damage
3. CProof of criminal conduct
4. DForeseeability of harm, proximity and that it is fair, just and reasonable to impose a duty

The "but for" test is used to establish:

1. ARemoteness of damage
2. BFactual causation
3. CDuty of care
4. DThe standard of care

Intruders start a fire in an empty, locked cinema, which spreads to neighbouring buildings. The owner did not know of earlier break-ins. In Smith v Littlewoods, the owner was:

1. ALiable, because occupiers must guard against all intruders
2. BLiable, because fire spreading is always foreseeable
3. CNot liable, because it had no knowledge of the risk
4. DStrictly liable under Rylands v Fletcher

After Barker v Corus held that liability under the Fairchild exception was proportionate to each defendant's share of the risk, Parliament responded for mesothelioma cases by:

1. ACreating a state compensation fund to replace tort claims against employers and their insurers entirely
2. BMaking each responsible person liable for the whole damage, under the Compensation Act 2006
3. CRequiring proof of "but for" causation in all cases
4. DAbolishing claims for asbestos disease