Tort law worksheet with answers

The phrase "res ipsa loquitur" in negligence means:

1. AThe defendant is strictly liable for any harm
2. BThe claimant has voluntarily accepted the risk
3. CThe facts suggest negligence unless the defendant gives an explanation
4. DThe case cannot be decided without expert evidence on the standard of care

Donoghue v Stevenson is famous for:

1. AEstablishing that manufacturers are liable only to those they contract with
2. BEstablishing EU supremacy
3. CDefining murder
4. DEstablishing the "neighbour principle" for a general duty of care

The tort of assault is:

1. AHolding someone in a room against their will
2. BCausing someone to reasonably expect immediate unlawful force
3. CInsulting someone in front of others
4. DActually applying force to someone directly and without their consent

A young man dives into a shallow lake in a public park despite warning signs and is paralysed. In Tomlinson v Congleton BC, the council was:

1. ALiable for half of the damage
2. BNot liable, because the risk was obvious and voluntarily taken
3. CLiable, because the signs were ignored by many
4. DLiable, because it did not destroy the beach

Under Froom v Butcher, if wearing a seatbelt would have prevented a car passenger's injuries entirely, damages are usually reduced by:

1. A10%
2. B75%
3. C25%
4. D50%

The Caparo test for a new duty of care requires:

1. AIntention, motive and damage
2. BA contract between the parties, a breach of its terms and loss flowing directly from the breach
3. CForeseeability of harm, proximity and that it is fair, just and reasonable to impose a duty
4. DProof of criminal conduct

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

Under the EU Product Liability Directive, the "development risks" defence allows a producer to escape liability if:

1. AThe producer was not negligent in manufacturing
2. BThe state of scientific and technical knowledge when the product was circulated did not allow the defect to be discovered
3. CThe product was sold at a low price
4. DThe consumer did not read the instructions