1.Easy
An employer's duty to provide competent staff, safe equipment, a safe place and a safe system of work is:
- AA non-delegable duty
- BA duty owed only to managers
- CA duty that can be passed to any contractor
- DA duty that applies only in factories
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
- BAnyone who lives at the property, including family members and lodgers
- COnly the local authority
- DAny visitor staying at the property
3.Easy
In English law, the difference between libel and slander is that:
- ALibel is in permanent form, while slander is in a temporary form such as speech
- BLibel is a crime, while slander is a tort
- CLibel concerns companies and public bodies, while slander concerns private individuals
- DLibel must be true, while slander must be false
4.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 the only cause of the disease
- BWas easier to prevent than the other dust
- CWas more than half of the total dust
- DMaterially contributed to the disease
5.Medium
A learner driver on her third lesson crashes and injures her instructor. Under Nettleship v Weston, her driving is judged by the standard of:
- AA professional racing driver
- BA reasonably competent and experienced driver
- CA reasonable learner at the same stage
- DHer own best efforts as a beginner
6.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:
- ANot negligent, because saving life justified the risk
- BNegligent, because firefighters must never take risks
- CNegligent, because it used an unsuitable vehicle
- DStrictly liable for injuries to employees
7.Hard
A tall new building blocks television reception for many nearby homes. In Hunter v Canary Wharf, the House of Lords held:
- AThere was a nuisance, but only the council could sue
- BThere was no nuisance, as nuisance requires noise
- CThere was a nuisance, and all residents, including family members and lodgers, could sue
- DThere was no actionable nuisance, and only those with an interest in land could sue
8.Hard
A worker gets dermatitis from brick dust. The employer did not provide washing facilities, but science could not show that washing would have prevented it. In McGhee v National Coal Board:
- AThe worker was barred by consenting to the risk
- BThe employer was liable for half the damages only
- CThe employer was liable, because its breach materially increased the risk
- DThe employer was not liable, because the "but for" test could not be satisfied
Answer key
- 1. A · A non-delegable duty
- 2. A · A person with a right to the land affected, such as an owner or tenant
- 3. A · Libel is in permanent form, while slander is in a temporary form such as speech
- 4. D · Materially contributed to the disease
- 5. B · A reasonably competent and experienced driver
- 6. A · Not negligent, because saving life justified the risk
- 7. D · There was no actionable nuisance, and only those with an interest in land could sue
- 8. C · The employer was liable, because its breach materially increased the risk
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