1.Easy
Which defence applies when the claimant voluntarily accepted the risk of harm?
- AVolenti non fit injuria (consent)
- BContributory negligence
- CSelf-defence
- DNecessity
2.Easy
Trespass to land means:
- AMaking noise on your own land
- BBuilding a house on your own land
- CEntering or remaining on another's land without permission
- DSelling land without a contract
3.Easy
In England and Wales, a negligence claim for personal injury must usually be started within:
- AThree years of the injury or the date of knowledge
- BTwelve years of the injury
- CSix years of the injury
- DOne year of the injury
4.Medium
The Caparo test for a new duty of care requires:
- AProof of criminal conduct
- BA contract between the parties, a breach of its terms and loss flowing directly from the breach
- CIntention, motive and damage
- DForeseeability of harm, proximity and that it is fair, just and reasonable to impose a duty
5.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:
- APsychiatric injury is always recoverable after any road accident, however minor
- BThe defendant intended to injure him
- CHe had a close tie of love with the other driver
- DHe was a primary victim and personal injury of some kind was foreseeable
6.Medium
A worker inhales silica dust from two sources, only one of which was due to the employer's breach. In Bonnington Castings v Wardlaw, the employer was liable because the guilty dust:
- AWas more than half of the total dust
- BWas the only cause of the disease
- CMaterially contributed to the disease
- DWas easier to prevent than the other dust
7.Hard
A prisoner known to be a suicide risk kills himself in a police cell after officers leave the door hatch open. In Reeves v Metropolitan Police Commissioner, the House of Lords held:
- AThe police were not liable, because a sane adult's suicide is always a voluntary act breaking the chain
- BHis deliberate act broke the chain of causation
- CThe claim failed because of illegality
- DHis deliberate act did not break the chain, because it was the very thing the duty aimed to prevent
8.Hard
For a public authority, a negligence claim about how it exercised a statutory power often fails because:
- AThe authority must be sued in a criminal court
- BStatutory powers automatically create a private law duty to use them carefully for each citizen
- CAuthorities are always immune from all claims
- DCourts are reluctant to impose duties for failing to confer benefits or for policy decisions
Answer key
- 1. A · Volenti non fit injuria (consent)
- 2. C · Entering or remaining on another's land without permission
- 3. A · Three years of the injury or the date of knowledge
- 4. D · Foreseeability of harm, proximity and that it is fair, just and reasonable to impose a duty
- 5. D · He was a primary victim and personal injury of some kind was foreseeable
- 6. C · Materially contributed to the disease
- 7. D · His deliberate act did not break the chain, because it was the very thing the duty aimed to prevent
- 8. D · Courts are reluctant to impose duties for failing to confer benefits or for policy decisions
Full step-by-step solutions: practise this topic on examproblems.com.