1.Easy
Defamation protects a person's:
- APrivacy of medical records only
- BReputation
- CPhysical safety
- DProperty
2.Easy
In English law, is there a general duty to rescue a stranger in danger?
- AYes, but only for trained professionals
- BYes, everyone must try to rescue anyone in danger
- CNo, there is generally no liability for a pure omission
- DNo, unless the stranger asks for help
3.Easy
An employer's duty to provide competent staff, safe equipment, a safe place and a safe system of work is:
- AA duty that can be passed to any contractor
- BA duty that applies only in factories
- CA duty owed only to managers
- DA non-delegable duty
4.Medium
Rylands v Fletcher liability concerns:
- ALiability for any harm caused by careless use of land, even without escape
- BMedical negligence
- CDefamation in newspapers
- DEscape of a dangerous thing brought onto land in a non-natural use
5.Medium
A milkman, forbidden by his employer to give lifts, lets a boy ride on his float to help deliver milk. The boy is injured by the milkman's negligence. In Rose v Plenty, the employer was:
- AVicariously liable, because the boy was helping with the employer's work
- BLiable only if the milkman had no insurance
- CNot liable, because giving lifts had been expressly forbidden by the employer
- DNot liable, because the boy was a trespasser
6.Medium
After a flood makes a factory floor slippery, the owner spreads sawdust but not everywhere, and a worker slips. Under Latimer v AEC, the owner was:
- ANegligent, because any slip proves a breach
- BStrictly liable for flood damage
- CNot negligent, because closing the factory would have been out of proportion
- DNegligent, because it should have closed the factory until the floor was dry
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 the ankle injury as a foreseeable result
- CThe stairs' owner was solely liable
- DThe employer was liable for half of the ankle injury
8.Hard
In the Dutch "relativity" requirement (Article 6:163 BW), a claim fails if:
- AThe damage exceeds a fixed amount
- BThe claimant did not hire a lawyer
- CThe defendant did not foresee the precise way in which the damage to the claimant would come about
- DThe norm that was broken does not aim to protect the claimant against the damage suffered
Answer key
- 1. B · Reputation
- 2. C · No, there is generally no liability for a pure omission
- 3. D · A non-delegable duty
- 4. D · Escape of a dangerous thing brought onto land in a non-natural use
- 5. A · Vicariously liable, because the boy was helping with the employer's work
- 6. C · Not negligent, because closing the factory would have been out of proportion
- 7. A · His unreasonable conduct broke the chain of causation
- 8. D · The norm that was broken does not aim to protect the claimant against the damage suffered
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