1.Easy
The phrase "res ipsa loquitur" in negligence means:
- AThe claimant has voluntarily accepted the risk
- BThe case cannot be decided without expert evidence on the standard of care
- CThe defendant is strictly liable for any harm
- DThe facts suggest negligence unless the defendant gives an explanation
2.Easy
In negligence, the standard of care is usually that of:
- AA perfect expert in every case
- BThe claimant's expectations
- CThe defendant's own personal best
- DThe reasonable person in the defendant's position
3.Easy
In English law, publishing private information without justification is mainly dealt with by the tort of:
- ATrespass to land
- BMisuse of private information
- CMalicious falsehood
- DDefamation
4.Medium
Pure economic loss caused by negligent acts is:
- ARecoverable only for companies
- BRecoverable only where the defendant's conduct was also a criminal offence of some kind
- CGenerally not recoverable, with exceptions such as negligent misstatement
- DAlways recoverable
5.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 capable of withstanding logical analysis
- BBe held by most doctors in the country
- CBe accepted by the patient
- DBe written in a medical textbook
6.Medium
Under Dutch law, the general provision for liability for unlawful acts (onrechtmatige daad) is:
- AArticle 7:17 BW
- BArticle 6:162 BW
- CArticle 1 of the Constitution
- DArticle 3:40 BW
7.Hard
A man's leg is injured by a negligent driver. Later, robbers shoot the same leg and it is amputated. In Baker v Willoughby, the driver:
- ARemained liable for the original disability after the shooting
- BWas liable only until the shooting
- CWas liable for the amputation too
- DWas released completely from liability by the robbers' later shooting
8.Hard
After Barker v Corus held that liability under the Fairchild exception was proportionate to each defendant's share of the risk, Parliament responded for mesothelioma cases by:
- ARequiring proof of "but for" causation in all cases
- BCreating a state compensation fund to replace tort claims against employers and their insurers entirely
- CMaking each responsible person liable for the whole damage, under the Compensation Act 2006
- DAbolishing claims for asbestos disease
Answer key
- 1. D · The facts suggest negligence unless the defendant gives an explanation
- 2. D · The reasonable person in the defendant's position
- 3. B · Misuse of private information
- 4. C · Generally not recoverable, with exceptions such as negligent misstatement
- 5. A · Be capable of withstanding logical analysis
- 6. B · Article 6:162 BW
- 7. A · Remained liable for the original disability after the shooting
- 8. C · Making each responsible person liable for the whole damage, under the Compensation Act 2006
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