1.Easy
Exemplary (punitive) damages in English tort law aim to:
- AReflect the claimant's injured feelings
- BCompensate the claimant's financial loss
- CReturn any profit the claimant has lost
- DPunish the defendant for outrageous conduct
2.Easy
Under the Defamation Act 2013, the defence of truth requires the defendant to show that:
- AThe statement was on a matter of public interest
- BThe defendant honestly and reasonably believed the statement was true
- CThe imputation conveyed by the statement is substantially true
- DEvery single word of the statement is accurate
3.Easy
Defamation protects a person's:
- APhysical safety
- BReputation
- CProperty
- DPrivacy of medical records only
4.Medium
A solicitor negligently delays preparing a new will, and the client dies before signing. The intended beneficiaries lose their gifts. In White v Jones, the solicitor:
- AWas not liable, because there was no contract with them
- BWas not liable, because the will was never signed
- CWas liable only to the client's estate
- DWas liable to the disappointed beneficiaries
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
Patients are paralysed by anaesthetic contaminated through invisible cracks in glass ampoules, a risk unknown to doctors at the time. Under Roe v Minister of Health, the hospital was:
- AStrictly liable for any harm from drugs
- BNot negligent, judged by the knowledge available at the time
- CNegligent, judged by the medical knowledge available at trial
- DNegligent, because harm occurred in hospital
7.Hard
A woman's 999 call is wrongly graded, and the police arrive too late to stop her former partner killing her. In Michael v Chief Constable of South Wales Police, the Supreme Court held:
- AThe police were strictly liable for the delay
- BThe police owed a duty because they took the call
- CThe call handler alone was personally liable
- DThe police owed no duty in negligence to protect her
8.Hard
A petrol station kiosk attendant racially abuses a customer, follows him outside and assaults him. In Mohamud v WM Morrison Supermarkets, the employer was:
- ANot liable, because the assault took place outside the kiosk and after the conversation ended
- BLiable only if it had trained him poorly
- CVicariously liable, as the assault was closely connected to his job of serving customers
- DNot liable, because violence was not part of his job
Answer key
- 1. D · Punish the defendant for outrageous conduct
- 2. C · The imputation conveyed by the statement is substantially true
- 3. B · Reputation
- 4. D · Was liable to the disappointed beneficiaries
- 5. D · Liable, because burns were a foreseeable type of harm
- 6. B · Not negligent, judged by the knowledge available at the time
- 7. D · The police owed no duty in negligence to protect her
- 8. C · Vicariously liable, as the assault was closely connected to his job of serving customers
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