1.Easy
What is the usual remedy for an ongoing private nuisance?
- AA fine payable to the state
- BRescission
- CAn apology ordered by the court
- DAn injunction
2.Easy
In English law, who can normally sue in private nuisance?
- AA person with a right to the land affected, such as an owner or tenant
- BOnly the local authority
- CAny visitor staying at the property
- DAnyone who lives at the property, including family members and lodgers
3.Easy
When two tortfeasors cause the same indivisible damage, the claimant can usually:
- ASue only the one who acted first
- BRecover only half from each of them
- CRecover the full damages from either of them
- DSue only if both are joined in one claim
4.Medium
In Bolitho v City and Hackney HA, the House of Lords added to the Bolam test that the professional opinion relied on must:
- ABe accepted by the patient
- BBe written in a medical textbook
- CBe capable of withstanding logical analysis
- DBe held by most doctors in the country
5.Medium
Heat from a neighbour's ordinary activity damages specially sensitive paper stored by the claimant, but would not harm ordinary paper. Under Robinson v Kilvert, the claim:
- ASucceeds, because any physical damage to goods is an actionable nuisance
- BSucceeds, because the paper was valuable
- CFails, because nuisance does not protect abnormally sensitive uses
- DFails, because heat cannot be a nuisance
6.Medium
In Barnett v Chelsea and Kensington Hospital, why did the claim fail?
- AThe hospital owed no duty of care to a patient it had not admitted
- BThe patient would have died even with proper treatment
- CThe doctor met the standard of care
- DThe claim was made too late
7.Hard
The "eggshell skull" rule means that:
- AThe defendant must take the victim as found, including unusual vulnerabilities
- BFragile victims cannot recover damages
- CHead injuries are compensated at a fixed rate
- DOnly foreseeable claimants can sue
8.Hard
A council's water pipe to a block of flats leaks and causes an embankment to collapse, exposing a gas main. In Transco v Stockport MBC, the House of Lords held:
- AThe council was strictly liable for all escaping water
- BThe council was liable in negligence for the leak
- CThere was no Rylands liability, because supplying water by pipe was not a non-natural use
- DRylands v Fletcher was abolished in English law
Answer key
- 1. D · An injunction
- 2. A · A person with a right to the land affected, such as an owner or tenant
- 3. C · Recover the full damages from either of them
- 4. C · Be capable of withstanding logical analysis
- 5. C · Fails, because nuisance does not protect abnormally sensitive uses
- 6. B · The patient would have died even with proper treatment
- 7. A · The defendant must take the victim as found, including unusual vulnerabilities
- 8. C · There was no Rylands liability, because supplying water by pipe was not a non-natural use
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