Tort law worksheet with answers

Compensatory damages in tort generally aim to:

1. ADivide the loss equally between the parties
2. BPunish the defendant for the wrongdoing
3. CPut the claimant in the position they would have been in if a promise had been kept
4. DPut the claimant in the position they would have been in without the tort

Under Part I of the UK Consumer Protection Act 1987, liability for a defective product is:

1. AFault-based, so the claimant must prove negligence
2. BLimited to products bought directly from the producer
3. CStrict, so the claimant need not prove the producer was at fault
4. DOnly available if there is a contract with the producer of the product

Defamation protects a person's:

1. APrivacy of medical records only
2. BProperty
3. CPhysical safety
4. DReputation

The "but for" test is used to establish:

1. AThe standard of care
2. BFactual causation
3. CDuty of care
4. DRemoteness of damage

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

A surgeon fails to warn a patient of a small risk of a serious complication. The patient would have had the operation anyway, but later. The risk materialises. In Chester v Afshar, the House of Lords held:

1. AThe surgeon was liable, modifying normal causation principles
2. BThe surgeon was not liable, as the "but for" test failed
3. CThe patient consented, so there was no claim
4. DThe surgeon was liable only for the cost of the operation

A mother arrives at hospital about two hours after a road accident and sees her family injured and covered in blood. In McLoughlin v O'Brian, she:

1. ACould not recover, as she was only told about it
2. BCould recover only for financial losses
3. CCould recover, as she saw the immediate aftermath
4. DCould not recover, as she was not at the scene

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