Tort law worksheet with answers

An employer's duty to provide competent staff, safe equipment, a safe place and a safe system of work is:

1. AA non-delegable duty
2. BA duty that applies only in factories
3. CA duty owed only to managers
4. DA duty that can be passed to any contractor

The tort of battery is:

1. AMaking a false statement that harms someone's reputation
2. BCarelessly injuring another person on the road
3. CCausing another person to reasonably fear that unlawful force is about to be used
4. DThe intentional and direct application of unlawful force to another person

For a defamation claim, the statement must be defamatory, refer to the claimant, and be:

1. ARead by the claimant personally
2. BRepeated by at least two people
3. CPublished in print or on television
4. DPublished to at least one third party

A five-year-old falls into a trench on open land while playing without an adult. In Phipps v Rochester Corporation, the occupier was:

1. ANot liable, because the child was a trespasser
2. BLiable, because the trench was not fenced
3. CNot liable, because it could expect parents to supervise very young children
4. DLiable, because young children must be protected from every danger on the land

A man bangs trays and shouts every time his neighbour, a music teacher, gives lessons, purely to annoy her. In Christie v Davey, the court held:

1. AHis malice made the noise an unreasonable use of land and a nuisance
2. BMusic lessons are themselves a nuisance
3. COnly the police could deal with the noise
4. DIntention is irrelevant in nuisance, so his motive could not affect the claim

Patients are paralysed by anaesthetic contaminated through invisible cracks in glass ampoules, a risk unknown to doctors at the time. Under Roe v Minister of Health, the hospital was:

1. ANegligent, because harm occurred in hospital
2. BNegligent, judged by the medical knowledge available at trial
3. CNot negligent, judged by the knowledge available at the time
4. DStrictly liable for any harm from drugs

The "eggshell skull" rule means that:

1. AThe defendant must take the victim as found, including unusual vulnerabilities
2. BHead injuries are compensated at a fixed rate
3. CFragile victims cannot recover damages
4. DOnly foreseeable claimants can sue

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