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Test Bank For
Tort Law, 2E By Timon Hughes-Davies, Nathan Tamblyn, Matthew Channon Chapter 1- 15 Chapter 1 Q1. D. Crime There are various types of civil wrong, and tort is only one such collection. Q2. C. The law imposes restrictions on what compensation is available If a tort has caused recoverable harm, then the claimant is entitled to compensation as of right. The courts will assess how much compensation. But the law limits compensation to that which is not too remote. Q3. B. To imprison Imprisonment is not a remedy in tort law. But ignoring a court order might result in contempt of court, and that can include imprisonment. Q4. A. Harassment Sometimes new problems can only be addressed by statute, not case law. Harassment needed a statute. Chapter 2 Q1. C. Emotional Distress Claims in negligence require actual damage to have been caused. Emotional distress is not recognised as a form of damage in negligence. Q2. A. Donoghue v Stevenson
The 'neighbour principle' in Donoghue v Stevenson was the first general test for duty of care. Caparo v Dickman and Anns v Merton provided amended versions of the test. A general test was proposed by one judge in Heaven v Pender but not approved by the majority. Q3. C. The incremental approach Robinson confirmed that new duties of care should be developed incrementally, by analogy with existing duties. Q4. B. The claimant's financial resources The claimant's financial resources are not considered as a policy issue when determining the duty of care. The effect of finding a duty on the courts, on defendants and on the public finances may be taken into account. Chapter 3 Q1. C. Whether the defendant is a child The only personal attribute of the defendant that the court takes into account is when the defendant is a child, where a lower standard of care is reasonable. Q2. A. Bolam v Friern Hospital Management Committee The Bolam test was first applied in the case of medical practitioners, but applies to all professionals: where a professional acts in accordance with a practice accepted as proper within the profession, they are not in breach of their duty of care. Q3. C. SARAH SARAH, the Social Action, Heroism and Responsibility Act 2014 requires the court to consider whether the defendant was acting heroically, by intervening in an emergency or assisting a person in danger. Q4. A. When they show a 'reckless disregard' for the other player's safety
Q1.
A. Financial or economic loss not caused by personal injury or property damage Pure economic loss refers to financial losses not related to personal injury or property damage, such as loss of business or losses caused by negligent advice. Q2. B. Hedley Byrne v Heller The case which established liability for pure economic loss on the basis of assumption of responsibility was Hedley Byrne v Heller. Caparo v Dickman and Manchester Building Society both applied Hedley Byrne. The principle that assumption of responsibility could give rise to liability for pure economic loss was proposed by Denning LJ in Candler v Crane Christmas, 18 years before Hedley Byrne, but not approved by the majority in the Court of Appeal. Q3. D. The defendant was under a contractual duty to provide the advice or actions Liability for economic loss will arise where the defendant has a contractual duty or where the defendant is providing the advice or acting voluntarily. Q4. C. The defendant was not acting voluntarily The claimant was relying on the defendant to take action by freezing two companies' bank accounts, and it was foreseeable that failure to do so would cause pure economic loss to the claimant. However, the bank was not acting voluntarily but under a duty imposed by law.
Q1.
D. Primary victims are those who have an 'apprehension of physical harm’ or those within the range of ‘foreseeable physical injury Primary victims are those who have an 'apprehension of physical harm’ or those within the range of ‘foreseeable physical injury’. Q2. A 'horrifying event' The Supreme Court in Paul v Royal Wolverhampton NHS Trust held that a horrifying event is not required. Q3. C. A close tie of love and affection is presumed between spouses and between parent and child A close tie of love and affection is presumed in spousal and parent/child relationships. Q4. A. That the claimant was in physical danger That the claimant was in physical danger.
Q1.
B. The Police are under the same duty as any member of the public not to injure any person by their actions The Police have, prima facie, under the same duty of care to other persons as any member of the public. This means that they must take reasonable care not to harm any person by their actions, but are under no general duty to confer a benefit. However, a duty to confer a benefit may arise where, for example, the Police have assumed responsibility for the protection of a specific individual. Q2. D. A local authority will only be liable for harm caused by a failure to exercise a statutory power in exceptional circumstances A local authority may be liable for harm caused by a failure to carry out a statutory duty, but liability for harm caused by a failure to exercise a statutory power will only arise in exceptional circumstances. Q3. A. The Ambulance Service Once the Ambulance Service accepts and responds to an emergency call, a duty of care arises: this is because the service is part of the NHS and when the call is accepted, a healthcare provider-patient relationship is created. Q4. C. When its actions make matters worse than they would otherwise have been The emergency services (Fire and Rescue Service, Coastguard and Police) do not owe the victim of an emergency a duty to confer a benefit and are only liable if their actions make matters worse. Q5. A. When the public authority knows of a real and immediate threat to the article 2, 3 or 4 rights of a particular individual The case of Osman v United Kingdom established that when a public authority is aware or should be aware of a real and immediate threat to a specific person, the public authority has an obligation to take action which is reasonable capable of avoiding that risk. Chapter 9
Q1.
A. Illegality Illegality is a defence to negligence. Q2. B. Blameworthiness and Causative Potency Blameworthiness and Causative Potency. Q3. A. The claimant is a passenger in a vehicle on a 'road or other public place' The defence of volenti is excluded by s.149 of the Road Traffic Act 1988, where the claimant is being carried in vehicle on a road or other public place. Q4. D. Special damages are financial losses caused by negligence up to the date of trial Special damages are financial losses caused by negligence up to the date of trial.
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A. The 1957 Act Q2. B. The 1957 Act Q3. D. Someone ignoring a no entry sign An invited guest has express permission. A postman delivering mail has implied permission. Someone asked to leave has a reasonable time to comply before becoming a trespasser. Someone otherwise allowed on the premises becomes a trespasser when entering a forbidden area. Q4. C. To take reasonable care of the visitor's person and property The occupier does not guarantee that no harm will ever occur. Rather, they need only take reasonable care to prevent harm to person and property. A warning might not be enough. Q 5. A. Professional trades-person A professional trades-person can be expected to know the risks of their profession. Q 6. C. The victim assumed the risk of injury Trespassers and criminals are not outlaws. Reasonable care must still be taken of them. Contributory negligence is only ever a partial defence. Voluntary assumption of risk is an all- or-nothing defence.
Q1.
C. Prescription Prescription - creating the nuisance as of right for more than 20 years - is a potential defence. Q2. A. The thing must have been brought onto the land already on fire and the fire then escapes The thing must have been brought onto the land already on fire and the fire then escapes. Q3. D. A trespass can be committed up to the point in which it is necessary for the ordinary use of enjoyment of the claimants land or buildings A trespass can be committed up to the point in which it is necessary for the ordinary use of enjoyment of the claimants land or buildings. Q4. C. The defendant acting maliciously is taken into account when determining whether there is a nuisance The defendant acting maliciously is taken into account when determining whether there is a nuisance.
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C. Development risks defence The development risks defence is a defence in product liability. Q2. A. That the product is defective That the product is defective. Q3. D. Damage to the product itself cannot be recovered. Damage to the product itself cannot be recovered. Q4. C. The development risks defence has been maintained. The development risks defence has been maintained.
Q1.
D. A spoken statement Slander tends to be temporary (eg spoken), and libel permanent (eg written), with some additional statutory designations (eg words spoken on TV shows can be libel). Q2. A. A defamatory statement can only have one natural meaning The law of defamation requires the court to identify the natural meaning of a statement - and there can be only one (overt) natural meaning, even if there can also be implied meanings (innuendo). A statement's meaning will also be affected by its context (eg it might be interpreted more casually on social media than if it appeared in a newspaper). Q3. C. If it lowers the claimant's reputation A statement can still be defamatory even if it is true - truth is a defence. A statement can be defamatory even if not intended to be. Q4. D. The estate of a dead person A politician can sue, but not a political party. Q5. B. Both X and Y can be liable X is liable for the original defamation. X can be liable for the repetition too if that was foreseeable. Y is liable for the repetition: it is no defence to attribute the statement to X - when Y repeats it, Y is deemed to have adopted it as their own statement. Q 6. A. The public were interested in the statement It does not suffice that the public are interested in the story. After all, the public like gossip. Rather the story must be of public interest, and the defendant must reasonably believe that publishing it was in the public interest.
