1.Easy
Which defence applies when the claimant voluntarily accepted the risk of harm?
- ANecessity
- BVolenti non fit injuria (consent)
- CSelf-defence
- DContributory negligence
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 type of contract
- DA tax on damages
3.Easy
Compensatory damages in tort generally aim to:
- APut the claimant in the position they would have been in without the tort
- BPunish the defendant for the wrongdoing
- CPut the claimant in the position they would have been in if a promise had been kept
- DDivide the loss equally between the parties
4.Medium
In a claim for psychiatric harm, a "secondary victim" must usually show:
- APhysical injury of their own
- BA close tie of love and affection and closeness in time and space to the event
- CThat they were paid to be present
- DOnly that they suffered a recognised psychiatric illness after hearing of the event
5.Medium
Two chimney sweeps die from fumes while sealing a chimney, despite warnings about the danger. In Roles v Nathan, the occupier was:
- ALiable, because the warnings were given orally
- BLiable, because occupiers must make premises completely safe for every visitor, including specialists
- CNot liable, because the sweeps were trespassers
- DNot liable, because specialists can be expected to guard against risks of their trade
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:
- AHer own best efforts as a beginner
- BA reasonable learner at the same stage
- CA professional racing driver
- DA reasonably competent and experienced driver
7.Hard
A prisoner known to be a suicide risk kills himself in a police cell after officers leave the door hatch open. In Reeves v Metropolitan Police Commissioner, the House of Lords held:
- AThe claim failed because of illegality
- BHis deliberate act did not break the chain, because it was the very thing the duty aimed to prevent
- CHis deliberate act broke the chain of causation
- DThe police were not liable, because a sane adult's suicide is always a voluntary act breaking the chain
8.Hard
A petrol station kiosk attendant racially abuses a customer, follows him outside and assaults him. In Mohamud v WM Morrison Supermarkets, the employer was:
- ALiable only if it had trained him poorly
- BNot liable, because violence was not part of his job
- CVicariously liable, as the assault was closely connected to his job of serving customers
- DNot liable, because the assault took place outside the kiosk and after the conversation ended
Answer key
- 1. B · Volenti non fit injuria (consent)
- 2. A · A civil wrong, other than a breach of contract, that gives a right to compensation
- 3. A · Put the claimant in the position they would have been in without the tort
- 4. B · A close tie of love and affection and closeness in time and space to the event
- 5. D · Not liable, because specialists can be expected to guard against risks of their trade
- 6. D · A reasonably competent and experienced driver
- 7. B · His deliberate act did not break the chain, because it was the very thing the duty aimed to prevent
- 8. C · Vicariously liable, as the assault was closely connected to his job of serving customers
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