1.Easy
Exemplary (punitive) damages in English tort law aim to:
- AReflect the claimant's injured feelings
- BPunish the defendant for outrageous conduct
- CCompensate the claimant's financial loss
- DReturn any profit the claimant has lost
2.Easy
Compensatory damages in tort generally aim to:
- APunish the defendant for the wrongdoing
- BPut the claimant in the position they would have been in without the tort
- CPut the claimant in the position they would have been in if a promise had been kept
- DDivide the loss equally between the parties
3.Easy
In negligence, the standard of care is usually that of:
- AThe claimant's expectations
- BThe defendant's own personal best
- CA perfect expert in every case
- DThe reasonable person in the defendant's position
4.Medium
A driver is in a minor collision, suffers no physical injury, but his chronic fatigue illness becomes permanent. In Page v Smith, he could recover because:
- AHe had a close tie of love with the other driver
- BThe defendant intended to injure him
- CPsychiatric injury is always recoverable after any road accident, however minor
- DHe was a primary victim and personal injury of some kind was foreseeable
5.Medium
A five-year-old falls into a trench on open land while playing without an adult. In Phipps v Rochester Corporation, the occupier was:
- ANot liable, because the child was a trespasser
- BLiable, because the trench was not fenced
- CLiable, because young children must be protected from every danger on the land
- DNot liable, because it could expect parents to supervise very young children
6.Medium
The Wagon Mound case concerns which issue?
- ADuty of care to unborn children
- BDirectness: a defendant is liable for all direct consequences of the breach
- CRemoteness: only reasonably foreseeable types of damage are recoverable
- DStrict liability for animals
7.Hard
Under section 4 of the Defamation Act 2013, the public interest defence requires that:
- AThe statement was made in Parliament or in court
- BThe statement was on a matter of public interest and the defendant honestly believed that every factual claim it contained was true
- CThe statement was on a matter of public interest and the defendant reasonably believed publishing it was in the public interest
- DThe statement is shown to be substantially true
8.Hard
A man's leg is injured by a negligent driver. Later, robbers shoot the same leg and it is amputated. In Baker v Willoughby, the driver:
- AWas liable only until the shooting
- BRemained liable for the original disability after the shooting
- CWas liable for the amputation too
- DWas released completely from liability by the robbers' later shooting
Answer key
- 1. B · Punish the defendant for outrageous conduct
- 2. B · Put the claimant in the position they would have been in without the tort
- 3. D · The reasonable person in the defendant's position
- 4. D · He was a primary victim and personal injury of some kind was foreseeable
- 5. D · Not liable, because it could expect parents to supervise very young children
- 6. C · Remoteness: only reasonably foreseeable types of damage are recoverable
- 7. C · The statement was on a matter of public interest and the defendant reasonably believed publishing it was in the public interest
- 8. B · Remained liable for the original disability after the shooting
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