1.Easy
Which defence applies when the claimant voluntarily accepted the risk of harm?
- AVolenti non fit injuria (consent)
- BContributory negligence
- CSelf-defence
- DNecessity
2.Easy
The defence of necessity in tort may justify an act when:
- AThe defendant was in a hurry
- BThe claimant was rude to the defendant
- CThe act was necessary to protect the defendant's business profits from foreseeable loss
- DIt was reasonably necessary to prevent greater harm to people or property
3.Easy
Statements made by MPs during debates in the UK Parliament are protected in defamation by:
- AQualified privilege
- BThe defence of honest opinion
- CAbsolute privilege
- DThe public interest defence
4.Medium
Pure economic loss caused by negligent acts is:
- AGenerally not recoverable, with exceptions such as negligent misstatement
- BRecoverable only where the defendant's conduct was also a criminal offence of some kind
- CRecoverable only for companies
- DAlways recoverable
5.Medium
In Barnett v Chelsea and Kensington Hospital, why did the claim fail?
- AThe claim was made too late
- BThe patient would have died even with proper treatment
- CThe hospital owed no duty of care to a patient it had not admitted
- DThe doctor met the standard of care
6.Medium
In Bolitho v City and Hackney HA, the House of Lords added to the Bolam test that the professional opinion relied on must:
- ABe written in a medical textbook
- BBe held by most doctors in the country
- CBe accepted by the patient
- DBe capable of withstanding logical analysis
7.Hard
The "eggshell skull" rule means that:
- AThe defendant must take the victim as found, including unusual vulnerabilities
- BHead injuries are compensated at a fixed rate
- COnly foreseeable claimants can sue
- DFragile victims cannot recover damages
8.Hard
Under the EU Product Liability Directive, the "development risks" defence allows a producer to escape liability if:
- AThe consumer did not read the instructions
- BThe state of scientific and technical knowledge when the product was circulated did not allow the defect to be discovered
- CThe product was sold at a low price
- DThe producer was not negligent in manufacturing
Answer key
- 1. A · Volenti non fit injuria (consent)
- 2. D · It was reasonably necessary to prevent greater harm to people or property
- 3. C · Absolute privilege
- 4. A · Generally not recoverable, with exceptions such as negligent misstatement
- 5. B · The patient would have died even with proper treatment
- 6. D · Be capable of withstanding logical analysis
- 7. A · The defendant must take the victim as found, including unusual vulnerabilities
- 8. B · The state of scientific and technical knowledge when the product was circulated did not allow the defect to be discovered
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