1.Easy
Under section 1 of the Defamation Act 2013, a statement is not defamatory unless:
- AThe claimant has lost money because of it
- BIt has caused or is likely to cause serious harm to the claimant's reputation
- CIt was published in a newspaper or online
- DThe defendant intended to harm the claimant or was reckless as to whether it would
2.Easy
In a personal injury claim, "special damages" usually cover:
- ASpecific financial losses up to trial, such as lost earnings and medical costs
- BA nominal sum to mark that a right was infringed
- CExtra damages to punish the defendant
- DCompensation for pain, suffering and loss of amenity up to the date of the trial
3.Easy
The tort of assault is:
- ACausing someone to reasonably expect immediate unlawful force
- BHolding someone in a room against their will
- CInsulting someone in front of others
- DActually applying force to someone directly and without their consent
4.Medium
Workmen leave an open manhole with paraffin lamps. A boy knocks a lamp in, causing an unexpected explosion and burns. In Hughes v Lord Advocate, the defendants were:
- ALiable, because burns were a foreseeable type of harm
- BNot liable, because the explosion was unforeseeable
- CNot liable, because the boy was a trespasser
- DLiable only for half of the damage
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:
- AHe was a primary victim and personal injury of some kind was foreseeable
- BThe defendant intended to injure him
- CHe had a close tie of love with the other driver
- DPsychiatric injury is always recoverable after any road accident, however minor
6.Medium
A boarding-house warden employed by a school abuses the boys in his care. In Lister v Hesley Hall, the employer was:
- ANot liable, because abuse is never within the course of the warden's employment
- BVicariously liable, because the abuse was closely connected with his duties
- CNot liable, because the warden acted for himself
- DLiable only for its own negligent hiring
7.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:
- AThe hospital owed them no duty as secondary victims
- BThey could recover because they witnessed the death
- CThey were primary victims of the hospital's negligence
- DOnly their mother could claim for their shock
8.Hard
A "novus actus interveniens" can:
- AIncrease the damages owed
- BCreate a new duty of care
- CBreak the chain of causation between the defendant's breach and the harm
- DTurn a civil claim into a criminal one when the intervening act is an offence
Answer key
- 1. B · It has caused or is likely to cause serious harm to the claimant's reputation
- 2. A · Specific financial losses up to trial, such as lost earnings and medical costs
- 3. A · Causing someone to reasonably expect immediate unlawful force
- 4. A · Liable, because burns were a foreseeable type of harm
- 5. A · He was a primary victim and personal injury of some kind was foreseeable
- 6. B · Vicariously liable, because the abuse was closely connected with his duties
- 7. A · The hospital owed them no duty as secondary victims
- 8. C · Break the chain of causation between the defendant's breach and the harm
Full step-by-step solutions: practise this topic on examproblems.com.