1.Easy
Under the Defamation Act 2013, the defence of truth requires the defendant to show that:
- AThe statement was on a matter of public interest
- BEvery single word of the statement is accurate
- CThe defendant honestly and reasonably believed the statement was true
- DThe imputation conveyed by the statement is substantially true
2.Easy
Under section 1 of the Defamation Act 2013, a statement is not defamatory unless:
- AThe claimant has lost money because of it
- BIt has caused or is likely to cause serious harm to the claimant's reputation
- CThe defendant intended to harm the claimant or was reckless as to whether it would
- DIt was published in a newspaper or online
3.Easy
Private nuisance concerns:
- ABreaking a contract with a neighbour
- BUnreasonable interference with a person's use or enjoyment of land
- CDamage to personal reputation
- DAny loud noise in a public place
4.Medium
A doctor builds a consulting room next to a confectioner whose noisy machines had operated for years without complaint. Can the confectioner defend a nuisance claim by saying the doctor "came to the nuisance"?
- ANo, because doctors have special protection
- BYes, because the machines were used first
- CNo, coming to the nuisance is not a defence
- DYes, the doctor accepted the noise by building there
5.Medium
Under Froom v Butcher, if wearing a seatbelt would have prevented a car passenger's injuries entirely, damages are usually reduced by:
- A10%
- B50%
- C25%
- D75%
6.Medium
A learner driver on her third lesson crashes and injures her instructor. Under Nettleship v Weston, her driving is judged by the standard of:
- AA professional racing driver
- BHer own best efforts as a beginner
- CA reasonably competent and experienced driver
- DA reasonable learner at the same stage
7.Hard
After a workplace injury weakens his leg, a man walks down steep stairs with no handrail while carrying a child, his leg gives way, and he jumps and breaks his ankle. In McKew v Holland and Hannen and Cubitts:
- AThe employer was liable for half of the ankle injury
- BThe stairs' owner was solely liable
- CHis unreasonable conduct broke the chain of causation
- DThe employer was liable for the ankle injury as a foreseeable result
8.Hard
A petrol station kiosk attendant racially abuses a customer, follows him outside and assaults him. In Mohamud v WM Morrison Supermarkets, the employer was:
- ALiable only if it had trained him poorly
- BNot liable, because the assault took place outside the kiosk and after the conversation ended
- CNot liable, because violence was not part of his job
- DVicariously liable, as the assault was closely connected to his job of serving customers
Answer key
- 1. D · The imputation conveyed by the statement is substantially true
- 2. B · It has caused or is likely to cause serious harm to the claimant's reputation
- 3. B · Unreasonable interference with a person's use or enjoyment of land
- 4. C · No, coming to the nuisance is not a defence
- 5. C · 25%
- 6. C · A reasonably competent and experienced driver
- 7. C · His unreasonable conduct broke the chain of causation
- 8. D · Vicariously liable, as the assault was closely connected to his job of serving customers
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