1.Easy
When two tortfeasors cause the same indivisible damage, the claimant can usually:
- ASue only if both are joined in one claim
- BRecover only half from each of them
- CSue only the one who acted first
- DRecover the full damages from either of them
2.Easy
To bring a private claim for public nuisance, a claimant must show:
- ASpecial damage beyond that suffered by the public in general
- BThat a criminal conviction has been obtained
- CAn interest in land next to the place where the nuisance occurs
- DThat the defendant intended to cause harm
3.Easy
Which three elements must a claimant usually prove in negligence?
- AFault, punishment and apology
- BIntention, motive and harm
- CDuty of care, breach of that duty and damage caused by the breach
- DContract, breach and loss
4.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
- BNegligent, because harm occurred in hospital
- CNot negligent, judged by the knowledge available at the time
- DNegligent, judged by the medical knowledge available at trial
5.Medium
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:
- AStrictly liable for injuries to employees
- BNegligent, because it used an unsuitable vehicle
- CNegligent, because firefighters must never take risks
- DNot negligent, because saving life justified the risk
6.Medium
Pure economic loss caused by negligent acts is:
- ARecoverable only where the defendant's conduct was also a criminal offence of some kind
- BGenerally not recoverable, with exceptions such as negligent misstatement
- CAlways recoverable
- DRecoverable only for companies
7.Hard
A "novus actus interveniens" can:
- ATurn a civil claim into a criminal one when the intervening act is an offence
- BIncrease the damages owed
- CCreate a new duty of care
- DBreak the chain of causation between the defendant's breach and the harm
8.Hard
Two children see their father collapse and die from a heart attack, long after a hospital negligently failed to diagnose his heart disease. In Paul v Royal Wolverhampton NHS Trust (2024), the Supreme Court held that:
- AThey were primary victims of the hospital's negligence
- BThe hospital owed them no duty as secondary victims
- COnly their mother could claim for their shock
- DThey could recover because they witnessed the death
Answer key
- 1. D · Recover the full damages from either of them
- 2. A · Special damage beyond that suffered by the public in general
- 3. C · Duty of care, breach of that duty and damage caused by the breach
- 4. C · Not negligent, judged by the knowledge available at the time
- 5. D · Not negligent, because saving life justified the risk
- 6. B · Generally not recoverable, with exceptions such as negligent misstatement
- 7. D · Break the chain of causation between the defendant's breach and the harm
- 8. B · The hospital owed them no duty as secondary victims
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