1.Easy
In general, a person who hires an independent contractor is:
- ANot vicariously liable for the contractor's torts
- BAlways vicariously liable for the contractor's torts
- CLiable for all torts committed in the same year
- DLiable only if the contractor has no insurance
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, but only for trained professionals
- DYes, everyone must try to rescue anyone in danger
3.Easy
Which English statute lets dependants of a person killed by a tort claim for their loss of financial support?
- ALaw Reform (Contributory Negligence) Act 1945
- BCompensation Act 2006
- CFatal Accidents Act 1976
- DOccupiers' Liability Act 1984
4.Medium
A solicitor negligently delays preparing a new will, and the client dies before signing. The intended beneficiaries lose their gifts. In White v Jones, the solicitor:
- AWas not liable, because the will was never signed
- BWas not liable, because there was no contract with them
- CWas liable to the disappointed beneficiaries
- DWas liable only to the client's estate
5.Medium
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:
- AHis malice made the noise an unreasonable use of land and a nuisance
- BMusic lessons are themselves a nuisance
- CIntention is irrelevant in nuisance, so his motive could not affect the claim
- DOnly the police could deal with the noise
6.Medium
Two chimney sweeps die from fumes while sealing a chimney, despite warnings about the danger. In Roles v Nathan, the occupier was:
- ANot liable, because specialists can be expected to guard against risks of their trade
- BLiable, because the warnings were given orally
- CNot liable, because the sweeps were trespassers
- DLiable, because occupiers must make premises completely safe for every visitor, including specialists
7.Hard
The "eggshell skull" rule means that:
- AHead injuries are compensated at a fixed rate
- BThe defendant must take the victim as found, including unusual vulnerabilities
- COnly foreseeable claimants can sue
- DFragile victims cannot recover damages
8.Hard
A tannery spills small amounts of solvent over many years. It seeps underground and contaminates a water company's borehole, which nobody could have foreseen. In Cambridge Water v Eastern Counties Leather:
- AThe tannery was not liable, because the type of damage was not foreseeable
- BThe tannery was liable in negligence instead
- CThe tannery was liable, because Rylands liability is strict and needs no foreseeability
- DThe water company was barred by contributory negligence
Answer key
- 1. A · Not vicariously liable for the contractor's torts
- 2. B · No, there is generally no liability for a pure omission
- 3. C · Fatal Accidents Act 1976
- 4. C · Was liable to the disappointed beneficiaries
- 5. A · His malice made the noise an unreasonable use of land and a nuisance
- 6. A · Not liable, because specialists can be expected to guard against risks of their trade
- 7. B · The defendant must take the victim as found, including unusual vulnerabilities
- 8. A · The tannery was not liable, because the type of damage was not foreseeable
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