1.Easy
To bring a private claim for public nuisance, a claimant must show:
- ASpecial damage beyond that suffered by the public in general
- BThat a criminal conviction has been obtained
- CAn interest in land next to the place where the nuisance occurs
- DThat the defendant intended to cause harm
2.Easy
False imprisonment is:
- ABlocking one of several routes a person wants to take, however briefly
- BWrongly reporting someone to the police
- CUnlawfully and completely restricting a person's freedom of movement
- DRefusing to let someone enter your house
3.Easy
The tort of assault is:
- AActually applying force to someone directly and without their consent
- BInsulting someone in front of others
- CHolding someone in a room against their will
- DCausing someone to reasonably expect immediate unlawful force
4.Medium
In Bolitho v City and Hackney HA, the House of Lords added to the Bolam test that the professional opinion relied on must:
- ABe written in a medical textbook
- BBe held by most doctors in the country
- CBe accepted by the patient
- DBe capable of withstanding logical analysis
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:
- AThe defendant intended to injure him
- BPsychiatric injury is always recoverable after any road accident, however minor
- CHe was a primary victim and personal injury of some kind was foreseeable
- DHe had a close tie of love with the other driver
6.Medium
A cricket ball is hit out of a ground very rarely and injures a passer-by. In Bolton v Stone, the club was:
- ANot negligent, because the risk was very small
- BNegligent, because it did not stop playing cricket
- CNegligent, because the injury was foreseeable
- DStrictly liable for anything leaving the ground
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:
- AThe victims had signed contracts with all the employers, which expressly allocated liability for asbestos disease
- BThe House of Lords abolished causation
- CThe employers admitted intention
- DSeveral employers had exposed the victim to asbestos and it was impossible to say which caused the mesothelioma
8.Hard
A woman's 999 call is wrongly graded, and the police arrive too late to stop her former partner killing her. In Michael v Chief Constable of South Wales Police, the Supreme Court held:
- AThe police owed a duty because they took the call
- BThe police were strictly liable for the delay
- CThe police owed no duty in negligence to protect her
- DThe call handler alone was personally liable
Answer key
- 1. A · Special damage beyond that suffered by the public in general
- 2. C · Unlawfully and completely restricting a person's freedom of movement
- 3. D · Causing someone to reasonably expect immediate unlawful force
- 4. D · Be capable of withstanding logical analysis
- 5. C · He was a primary victim and personal injury of some kind was foreseeable
- 6. A · Not negligent, because the risk was very small
- 7. D · Several employers had exposed the victim to asbestos and it was impossible to say which caused the mesothelioma
- 8. C · The police owed no duty in negligence to protect her
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