1.Easy
Which defence applies when the claimant voluntarily accepted the risk of harm?
- AVolenti non fit injuria (consent)
- BSelf-defence
- CContributory negligence
- DNecessity
2.Easy
Trespass to land means:
- ABuilding a house on your own land
- BMaking noise on your own land
- CEntering or remaining on another's land without permission
- DSelling land without a contract
3.Easy
In English law, the difference between libel and slander is that:
- ALibel concerns companies and public bodies, while slander concerns private individuals
- BLibel is in permanent form, while slander is in a temporary form such as speech
- CLibel is a crime, while slander is a tort
- DLibel must be true, while slander must be false
4.Medium
A cricket ball is hit out of a ground very rarely and injures a passer-by. In Bolton v Stone, the club was:
- ANot negligent, because the risk was very small
- BStrictly liable for anything leaving the ground
- CNegligent, because the injury was foreseeable
- DNegligent, because it did not stop playing cricket
5.Medium
In a claim for psychiatric harm, a "secondary victim" must usually show:
- AA close tie of love and affection and closeness in time and space to the event
- BOnly that they suffered a recognised psychiatric illness after hearing of the event
- CThat they were paid to be present
- DPhysical injury of their own
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 only for the cost of the operation
- BThe surgeon was not liable, as the "but for" test failed
- CThe patient consented, so there was no claim
- DThe surgeon was liable, modifying normal causation principles
7.Hard
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:
- ALiable, because occupiers must guard against all intruders
- BStrictly liable under Rylands v Fletcher
- CNot liable, because it had no knowledge of the risk
- DLiable, because fire spreading is always foreseeable
8.Hard
An internal auditor with a grudge against his employer leaks staff payroll data online. In WM Morrison Supermarkets v Various Claimants (2020), the Supreme Court held the employer:
- ANot vicariously liable, as he was pursuing a personal vendetta
- BVicariously liable, as data breaches are strict liability
- CVicariously liable, as he had access to the data through his job
- DLiable only to staff whose data was used for fraud
Answer key
- 1. A · Volenti non fit injuria (consent)
- 2. C · Entering or remaining on another's land without permission
- 3. B · Libel is in permanent form, while slander is in a temporary form such as speech
- 4. A · Not negligent, because the risk was very small
- 5. A · A close tie of love and affection and closeness in time and space to the event
- 6. D · The surgeon was liable, modifying normal causation principles
- 7. C · Not liable, because it had no knowledge of the risk
- 8. A · Not vicariously liable, as he was pursuing a personal vendetta
Full step-by-step solutions: practise this topic on examproblems.com.