Tort law worksheet with answers

Contributory negligence usually leads to:

1. AA reduction in the claimant's damages
2. BComplete defeat of the claim in all modern systems
3. CCriminal liability for the claimant
4. DA higher award of damages

When two tortfeasors cause the same indivisible damage, the claimant can usually:

1. ASue only the one who acted first
2. BSue only if both are joined in one claim
3. CRecover only half from each of them
4. DRecover the full damages from either of them

Donoghue v Stevenson is famous for:

1. AEstablishing the "neighbour principle" for a general duty of care
2. BEstablishing that manufacturers are liable only to those they contract with
3. CDefining murder
4. DEstablishing EU supremacy

The Caparo test for a new duty of care requires:

1. AIntention, motive and damage
2. BA contract between the parties, a breach of its terms and loss flowing directly from the breach
3. CProof of criminal conduct
4. DForeseeability of harm, proximity and that it is fair, just and reasonable to impose a duty

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:

1. ALiable, because the signs were ignored by many
2. BLiable, because it did not destroy the beach
3. CLiable for half of the damage
4. DNot liable, because the risk was obvious and voluntarily taken

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:

1. ANegligent, because firefighters must never take risks
2. BNegligent, because it used an unsuitable vehicle
3. CNot negligent, because saving life justified the risk
4. DStrictly liable for injuries to employees

An internal auditor with a grudge against his employer leaks staff payroll data online. In WM Morrison Supermarkets v Various Claimants (2020), the Supreme Court held the employer:

1. ALiable only to staff whose data was used for fraud
2. BVicariously liable, as he had access to the data through his job
3. CNot vicariously liable, as he was pursuing a personal vendetta
4. DVicariously liable, as data breaches are strict liability

Under section 3 of the Defamation Act 2013, the honest opinion defence requires that the statement:

1. AWas published by a professional journalist
2. BWas a statement of fact, indicated its source, and was shown to be substantially true by the defendant
3. CWas made with no intention to harm
4. DWas an opinion, indicated its basis, and an honest person could have held it on the facts