1.Easy
Trespass torts are "actionable per se", meaning:
- AThe claimant does not need to prove any damage
- BThe claimant must prove serious harm
- COnly the state can bring the claim
- DThe claim must be brought within a month
2.Easy
What is a tort?
- AA civil wrong, other than a breach of contract, that gives a right to compensation
- BA wrong punished by the state through fines, imprisonment or community service orders
- CA tax on damages
- DA type of contract
3.Easy
Donoghue v Stevenson is famous for:
- AEstablishing that manufacturers are liable only to those they contract with
- BEstablishing the "neighbour principle" for a general duty of care
- CEstablishing EU supremacy
- DDefining murder
4.Medium
An occupier hires a reputable lift company to maintain a lift. The company's negligence causes an accident. Under Haseldine v Daw, the occupier is:
- ANot liable, if it reasonably chose a competent contractor
- BLiable only if the lift is new
- CLiable, because maintenance is non-delegable
- DLiable for any defect on its premises
5.Medium
A boarding-house warden employed by a school abuses the boys in his care. In Lister v Hesley Hall, the employer was:
- ANot liable, because abuse is never within the course of the warden's employment
- BVicariously liable, because the abuse was closely connected with his duties
- CLiable only for its own negligent hiring
- DNot liable, because the warden acted for himself
6.Medium
A learner driver on her third lesson crashes and injures her instructor. Under Nettleship v Weston, her driving is judged by the standard of:
- AA reasonable learner at the same stage
- BHer own best efforts as a beginner
- CA reasonably competent and experienced driver
- DA professional racing driver
7.Hard
In Hedley Byrne v Heller, liability for negligent misstatement arose because:
- AThe defendant intended to deceive
- BThere was a special relationship in which the claimant reasonably relied on advice given with skill
- CThe statement caused physical injury
- DThere was a contract between the parties under which the bank was paid a fee for the reference it gave
8.Hard
After drinking together for hours, a man agrees to fly with an obviously very drunk pilot, and the plane crashes. In Morris v Murray, the passenger's claim:
- ASucceeded, with damages reduced for contributory negligence
- BFailed, because of illegality
- CSucceeded, because volenti never applies to passengers
- DFailed, because he voluntarily accepted the risk
Answer key
- 1. A · The claimant does not need to prove any damage
- 2. A · A civil wrong, other than a breach of contract, that gives a right to compensation
- 3. B · Establishing the "neighbour principle" for a general duty of care
- 4. A · Not liable, if it reasonably chose a competent contractor
- 5. B · Vicariously liable, because the abuse was closely connected with his duties
- 6. C · A reasonably competent and experienced driver
- 7. B · There was a special relationship in which the claimant reasonably relied on advice given with skill
- 8. D · Failed, because he voluntarily accepted the risk
Full step-by-step solutions: practise this topic on examproblems.com.