1.Easy
Under the Occupiers' Liability Act 1957, an occupier must be prepared for children to be:
- AKept off the premises entirely
- BLess careful than adults
- CAlways supervised by parents
- DAs careful as adults
2.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
3.Easy
In England and Wales, a negligence claim for personal injury must usually be started within:
- ATwelve years of the injury
- BSix years of the injury
- CThree years of the injury or the date of knowledge
- DOne year of the injury
4.Medium
The "but for" test is used to establish:
- ADuty of care
- BThe standard of care
- CFactual causation
- DRemoteness of damage
5.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 it used an unsuitable vehicle
- CNegligent, because firefighters must never take risks
- DStrictly liable for injuries to employees
6.Medium
A young man dives into a shallow lake in a public park despite warning signs and is paralysed. In Tomlinson v Congleton BC, the council was:
- ANot liable, because the risk was obvious and voluntarily taken
- BLiable, because the signs were ignored by many
- CLiable, because it did not destroy the beach
- DLiable for half of the damage
7.Hard
In Fairchild v Glenhaven Funeral Services, the court allowed claims against employers even though the "but for" test could not be met because:
- ASeveral employers had exposed the victim to asbestos and it was impossible to say which caused the mesothelioma
- BThe employers admitted intention
- CThe victims had signed contracts with all the employers, which expressly allocated liability for asbestos disease
- DThe House of Lords abolished causation
8.Hard
Intruders start a fire in an empty, locked cinema, which spreads to neighbouring buildings. The owner did not know of earlier break-ins. In Smith v Littlewoods, the owner was:
- AStrictly liable under Rylands v Fletcher
- BNot liable, because it had no knowledge of the risk
- CLiable, because fire spreading is always foreseeable
- DLiable, because occupiers must guard against all intruders
Answer key
- 1. B · Less careful than adults
- 2. D · Strict, so the claimant need not prove the producer was at fault
- 3. C · Three years of the injury or the date of knowledge
- 4. C · Factual causation
- 5. A · Not negligent, because saving life justified the risk
- 6. A · Not liable, because the risk was obvious and voluntarily taken
- 7. A · Several employers had exposed the victim to asbestos and it was impossible to say which caused the mesothelioma
- 8. B · Not liable, because it had no knowledge of the risk
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