1.Easy
Under Part I of the UK Consumer Protection Act 1987, liability for a defective product is:
- AStrict, so the claimant need not prove the producer was at fault
- BLimited to products bought directly from the producer
- CFault-based, so the claimant must prove negligence
- DOnly available if there is a contract with the producer of the product
2.Easy
In English law, is there a general duty to rescue a stranger in danger?
- ANo, unless the stranger asks for help
- BNo, there is generally no liability for a pure omission
- CYes, everyone must try to rescue anyone in danger
- DYes, but only for trained professionals
3.Easy
An employer can be liable for torts committed by an employee during their work. This is called:
- AStrict liability for all acts
- BVicarious liability
- CContributory negligence
- DNovus actus interveniens
4.Medium
A premature baby goes blind. Excess oxygen negligently given was only one of five possible causes. In Wilsher v Essex AHA, the claim:
- ASucceeded, because the negligence materially increased the risk of the blindness
- BSucceeded, with damages reduced by four fifths
- CFailed, because no duty was owed to a baby
- DFailed, because the claimant could not prove the negligence caused the blindness
5.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 for any defect on its premises
- DLiable, because maintenance is non-delegable
6.Medium
A milkman, forbidden by his employer to give lifts, lets a boy ride on his float to help deliver milk. The boy is injured by the milkman's negligence. In Rose v Plenty, the employer was:
- ANot liable, because giving lifts had been expressly forbidden by the employer
- BVicariously liable, because the boy was helping with the employer's work
- CLiable only if the milkman had no insurance
- DNot liable, because the boy was a trespasser
7.Hard
Under the EU Product Liability Directive, the "development risks" defence allows a producer to escape liability if:
- AThe product was sold at a low price
- BThe consumer did not read the instructions
- CThe state of scientific and technical knowledge when the product was circulated did not allow the defect to be discovered
- DThe producer was not negligent in manufacturing
8.Hard
As a practical joke, a man falsely tells a woman that her husband has been badly injured. She suffers a serious illness from the shock. In Wilkinson v Downton, the man was:
- ANot liable, because there was no direct physical contact with the woman
- BLiable only in defamation
- CNot liable, because it was only a joke
- DLiable for intentionally causing physical harm by a false statement
Answer key
- 1. A · Strict, so the claimant need not prove the producer was at fault
- 2. B · No, there is generally no liability for a pure omission
- 3. B · Vicarious liability
- 4. D · Failed, because the claimant could not prove the negligence caused the blindness
- 5. A · Not liable, if it reasonably chose a competent contractor
- 6. B · Vicariously liable, because the boy was helping with the employer's work
- 7. C · The state of scientific and technical knowledge when the product was circulated did not allow the defect to be discovered
- 8. D · Liable for intentionally causing physical harm by a false statement
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