Tort law worksheet with answers

What is a tort?

1. AA tax on damages
2. BA wrong punished by the state through fines, imprisonment or community service orders
3. CA type of contract
4. DA civil wrong, other than a breach of contract, that gives a right to compensation

Exemplary (punitive) damages in English tort law aim to:

1. AReflect the claimant's injured feelings
2. BReturn any profit the claimant has lost
3. CPunish the defendant for outrageous conduct
4. DCompensate the claimant's financial loss

How do English courts usually treat a person injured while rescuing someone endangered by the defendant's negligence?

1. AThey can claim only half their damages
2. BThey can usually claim, because rescue is foreseeable
3. CThey can claim only if they are professional rescuers, such as firefighters
4. DThey cannot claim, because they volunteered

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:

1. ALiable for any defect on its premises
2. BNot liable, if it reasonably chose a competent contractor
3. CLiable, because maintenance is non-delegable
4. DLiable only if the lift is new

Two chimney sweeps die from fumes while sealing a chimney, despite warnings about the danger. In Roles v Nathan, the occupier was:

1. ANot liable, because the sweeps were trespassers
2. BLiable, because occupiers must make premises completely safe for every visitor, including specialists
3. CLiable, because the warnings were given orally
4. DNot liable, because specialists can be expected to guard against risks of their trade

A surgeon fails to warn a patient of a small risk of a serious complication. The patient would have had the operation anyway, but later. The risk materialises. In Chester v Afshar, the House of Lords held:

1. AThe patient consented, so there was no claim
2. BThe surgeon was not liable, as the "but for" test failed
3. CThe surgeon was liable only for the cost of the operation
4. DThe surgeon was liable, modifying normal causation principles

Which statement about the "loss of a chance" doctrine in English medical negligence is correct?

1. AA lost chance of recovery below 50% is generally not compensated (Gregg v Scott)
2. BLost chances are compensated proportionately, as in claims for lost commercial chances
3. CAny lost chance is fully compensated
4. DThe doctrine applies only to economic loss in all cases

A tall new building blocks television reception for many nearby homes. In Hunter v Canary Wharf, the House of Lords held:

1. AThere was no nuisance, as nuisance requires noise
2. BThere was a nuisance, but only the council could sue
3. CThere was no actionable nuisance, and only those with an interest in land could sue
4. DThere was a nuisance, and all residents, including family members and lodgers, could sue