1.Easy
In England and Wales, a negligence claim for personal injury must usually be started within:
- AOne year of the injury
- BSix years of the injury
- CThree years of the injury or the date of knowledge
- DTwelve years of the injury
2.Easy
When two tortfeasors cause the same indivisible damage, the claimant can usually:
- ARecover only half from each of them
- BSue only the one who acted first
- CRecover the full damages from either of them
- DSue only if both are joined in one claim
3.Easy
Private nuisance concerns:
- ABreaking a contract with a neighbour
- BDamage to personal reputation
- CAny loud noise in a public place
- DUnreasonable interference with a person's use or enjoyment of land
4.Medium
The Caparo test for a new duty of care requires:
- AA contract between the parties, a breach of its terms and loss flowing directly from the breach
- BIntention, motive and damage
- CProof of criminal conduct
- DForeseeability of harm, proximity and that it is fair, just and reasonable to impose a duty
5.Medium
An occupier hires a reputable lift company to maintain a lift. The company's negligence causes an accident. Under Haseldine v Daw, the occupier is:
- ALiable for any defect on its premises
- BLiable, because maintenance is non-delegable
- CLiable only if the lift is new
- DNot liable, if it reasonably chose a competent contractor
6.Medium
A house is built on defective foundations, approved by the local authority. Cracks appear and the owner sells at a loss. In Murphy v Brentwood DC, the loss was:
- APhysical damage, fully recoverable
- BRecoverable only against the buyer
- CRecoverable because the council approved the plans
- DPure economic loss, not recoverable in negligence
7.Hard
After an accident in a tunnel, a police inspector negligently orders an officer to ride back against the traffic, and the officer is hit. In Knightley v Johns, the original negligent driver was:
- ALiable, because rescuers are foreseeable
- BLiable for half, shared with the inspector
- CLiable for all consequences, because the officer's injury was a foreseeable result of the crash
- DNot liable for the officer's injury, because the inspector's negligence broke the chain
8.Hard
A woman's 999 call is wrongly graded, and the police arrive too late to stop her former partner killing her. In Michael v Chief Constable of South Wales Police, the Supreme Court held:
- AThe police were strictly liable for the delay
- BThe call handler alone was personally liable
- CThe police owed no duty in negligence to protect her
- DThe police owed a duty because they took the call
Answer key
- 1. C · Three years of the injury or the date of knowledge
- 2. C · Recover the full damages from either of them
- 3. D · Unreasonable interference with a person's use or enjoyment of land
- 4. D · Foreseeability of harm, proximity and that it is fair, just and reasonable to impose a duty
- 5. D · Not liable, if it reasonably chose a competent contractor
- 6. D · Pure economic loss, not recoverable in negligence
- 7. D · Not liable for the officer's injury, because the inspector's negligence broke the chain
- 8. C · The police owed no duty in negligence to protect her
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