1.Easy
Compensatory damages in tort generally aim to:
- APut the claimant in the position they would have been in without the tort
- BDivide the loss equally between the parties
- CPut the claimant in the position they would have been in if a promise had been kept
- DPunish the defendant for the wrongdoing
2.Easy
Donoghue v Stevenson is famous for:
- AEstablishing the "neighbour principle" for a general duty of care
- BDefining murder
- CEstablishing EU supremacy
- DEstablishing that manufacturers are liable only to those they contract with
3.Easy
To bring a private claim for public nuisance, a claimant must show:
- AAn interest in land next to the place where the nuisance occurs
- BThat a criminal conviction has been obtained
- CThat the defendant intended to cause harm
- DSpecial damage beyond that suffered by the public in general
4.Medium
The Wagon Mound case concerns which issue?
- ARemoteness: only reasonably foreseeable types of damage are recoverable
- BDuty of care to unborn children
- CStrict liability for animals
- DDirectness: a defendant is liable for all direct consequences of the breach
5.Medium
In a claim for psychiatric harm, a "secondary victim" must usually show:
- AThat they were paid to be present
- BA close tie of love and affection and closeness in time and space to the event
- COnly that they suffered a recognised psychiatric illness after hearing of the event
- DPhysical injury of their own
6.Medium
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:
- ANegligent, judged by the medical knowledge available at trial
- BNegligent, because harm occurred in hospital
- CStrictly liable for any harm from drugs
- DNot negligent, judged by the knowledge available at the time
7.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
- CLiable for intentionally causing physical harm by a false statement
- DNot liable, because it was only a joke
8.Hard
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:
- ANot vicariously liable, as he was pursuing a personal vendetta
- BVicariously liable, as data breaches are strict liability
- CLiable only to staff whose data was used for fraud
- DVicariously liable, as he had access to the data through his job
Answer key
- 1. A · Put the claimant in the position they would have been in without the tort
- 2. A · Establishing the "neighbour principle" for a general duty of care
- 3. D · Special damage beyond that suffered by the public in general
- 4. A · Remoteness: only reasonably foreseeable types of damage are recoverable
- 5. B · A close tie of love and affection and closeness in time and space to the event
- 6. D · Not negligent, judged by the knowledge available at the time
- 7. C · Liable for intentionally causing physical harm by a false statement
- 8. A · Not vicariously liable, as he was pursuing a personal vendetta
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