Tort law worksheet with answers

In negligence, the standard of care is usually that of:

1. AThe reasonable person in the defendant's position
2. BA perfect expert in every case
3. CThe claimant's expectations
4. DThe defendant's own personal best

Wrongfully dealing with another person's goods in a way that denies their rights, such as selling them, is the tort of:

1. APassing off
2. BBattery
3. CNuisance
4. DConversion

What is the usual remedy for an ongoing private nuisance?

1. ARescission
2. BA fine payable to the state
3. CAn apology ordered by the court
4. DAn injunction

In a claim for psychiatric harm, a "secondary victim" must usually show:

1. AOnly that they suffered a recognised psychiatric illness after hearing of the event
2. BA close tie of love and affection and closeness in time and space to the event
3. CPhysical injury of their own
4. DThat they were paid to be present

A milkman, forbidden by his employer to give lifts, lets a boy ride on his float to help deliver milk. The boy is injured by the milkman's negligence. In Rose v Plenty, the employer was:

1. ANot liable, because the boy was a trespasser
2. BLiable only if the milkman had no insurance
3. CNot liable, because giving lifts had been expressly forbidden by the employer
4. DVicariously liable, because the boy was helping with the employer's work

Strict liability means a defendant can be liable:

1. AOnly if they acted intentionally
2. BOnly if they broke a contract
3. CWithout proof of fault
4. DOnly for criminal acts

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:

1. ARylands v Fletcher was abolished in English law
2. BThere was no Rylands liability, because supplying water by pipe was not a non-natural use
3. CThe council was liable in negligence for the leak
4. DThe council was strictly liable for all escaping water

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:

1. AThe employer was not liable, because the "but for" test could not be satisfied
2. BThe employer was liable, because its breach materially increased the risk
3. CThe worker was barred by consenting to the risk
4. DThe employer was liable for half the damages only