1.Easy
How do English courts usually treat a person injured while rescuing someone endangered by the defendant's negligence?
- AThey cannot claim, because they volunteered
- BThey can usually claim, because rescue is foreseeable
- CThey can claim only if they are professional rescuers, such as firefighters
- DThey can claim only half their damages
2.Easy
In English law, who can normally sue in private nuisance?
- AAnyone who lives at the property, including family members and lodgers
- BA person with a right to the land affected, such as an owner or tenant
- COnly the local authority
- DAny visitor staying at the property
3.Easy
Under Part I of the UK Consumer Protection Act 1987, liability for a defective product is:
- AFault-based, so the claimant must prove negligence
- BLimited to products bought directly from the producer
- COnly available if there is a contract with the producer of the product
- DStrict, so the claimant need not prove the producer was at fault
4.Medium
Auditors negligently certify a company's accounts. An investor relies on them to buy more shares and suffers loss. In Caparo v Dickman, the auditors:
- AOwed a duty because the investor was a shareholder
- BOwed no duty to the investor for this purpose
- COwed a duty to anyone relying on the accounts
- DWere strictly liable for errors in the accounts
5.Medium
A premature baby goes blind. Excess oxygen negligently given was only one of five possible causes. In Wilsher v Essex AHA, the claim:
- ASucceeded, because the negligence materially increased the risk of the blindness
- BSucceeded, with damages reduced by four fifths
- CFailed, because no duty was owed to a baby
- DFailed, because the claimant could not prove the negligence caused the blindness
6.Medium
A boarding-house warden employed by a school abuses the boys in his care. In Lister v Hesley Hall, the employer was:
- AVicariously liable, because the abuse was closely connected with his duties
- BNot liable, because abuse is never within the course of the warden's employment
- CLiable only for its own negligent hiring
- DNot liable, because the warden acted for himself
7.Hard
A tannery spills small amounts of solvent over many years. It seeps underground and contaminates a water company's borehole, which nobody could have foreseen. In Cambridge Water v Eastern Counties Leather:
- AThe tannery was liable in negligence instead
- BThe tannery was not liable, because the type of damage was not foreseeable
- CThe tannery was liable, because Rylands liability is strict and needs no foreseeability
- DThe water company was barred by contributory negligence
8.Hard
The "eggshell skull" rule means that:
- AFragile victims cannot recover damages
- BThe defendant must take the victim as found, including unusual vulnerabilities
- CHead injuries are compensated at a fixed rate
- DOnly foreseeable claimants can sue
Answer key
- 1. B · They can usually claim, because rescue is foreseeable
- 2. B · A person with a right to the land affected, such as an owner or tenant
- 3. D · Strict, so the claimant need not prove the producer was at fault
- 4. B · Owed no duty to the investor for this purpose
- 5. D · Failed, because the claimant could not prove the negligence caused the blindness
- 6. A · Vicariously liable, because the abuse was closely connected with his duties
- 7. B · The tannery was not liable, because the type of damage was not foreseeable
- 8. B · The defendant must take the victim as found, including unusual vulnerabilities
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