* not completed

. The law of contract is different from the law of tort in which way?

It is actionable in both the civil and criminal courts correct incorrect

It generally concerns a relationship between two parties only correct incorrect

Contracts are always written correct incorrect

Tort is made up predominantly of statute law correct incorrect

* not completed

. What is the primary function of the law of tort?

The punishment of a wrongdoer correct incorrect

The clarification of the human rights of parties correct incorrect

The spreading of losses throughout society correct incorrect

Compensating the claimant correct incorrect

* not completed

. Which of the following is the main alternative to tort, for the provision of compensation?

State social security correct incorrect

Charity correct incorrect

First party insurance correct incorrect

Criminal Injuries Compensation correct incorrect

* not completed

. Which of the following cases was representative of a widening of liability in negligence?

Hill v CC West Yorkshire correct incorrect

Rondel v Worsley correct incorrect

Marc Rich v Bishop Rock Marine correct incorrect

Anns v Merton LBC correct incorrect

* not completed

. The Caparo test for duty of care provides that three factors must be taken into account. Which of the following is not included?

'Fair, just and reasonable' correct incorrect

Proximity correct incorrect

Morality correct incorrect

Foreseeability correct incorrect

* not completed

. Which of the following is not a required element in establishing a negligence action?

Breach of duty correct incorrect

Malicious intent on the part of the defendant correct incorrect

Duty of care correct incorrect

Causation of damage of a legally recognised type correct incorrect

* not completed

. Which of the following is not the basis of liability under the Congenital Disabilities (Civil Liability) Act 1976?

Damage caused during pregnancy correct incorrect

Damage caused prior to conception correct incorrect

Damage caused by the mother correct incorrect

Damage caused during birth correct incorrect

* not completed

. Mitchell v Glasgow CC is an important negligence case. Which of the following statements is accurate in respect of the decision?

The housing department assumed responsibility to its tenant correct incorrect

The housing department did not assume responsibility to its tenant correct incorrect

There is always a duty to warn of potential violence correct incorrect

Local authority housing departments can never be liable in negligence correct incorrect

* not completed

. Which of the following cases is not an example of pure economic loss caused by an act?

Spring v Guardian Assurance correct incorrect

Murphy v Brentwood DC correct incorrect

Junior Books v Veitchi correct incorrect

Smith v Eric Bush correct incorrect

* not completed

. Which case is the odd one out?

Caparo v Dickman correct incorrect

Morgan Crucible v Hill Samuel correct incorrect

Derry v Peek correct incorrect

James McNaughton Paper Group v Hicks Anderson correct incorrect

* not completed

. Which of the following statements describes the distinction between Hedley Byrne and White v Jones?

Hedley Byrne was a three-party situation but White concerned two-parties correct incorrect

The claimants in White relied on the statement but they did not in Hedley Byrne correct incorrect

The plaintiffs in White were the recipients of the statement correct incorrect

White was a three-party situation but Hedley Byrne was a two-party situation correct incorrect

* not completed

. Which case is the odd one out?

Dulieu v White correct incorrect

Sion v Hampstead HA correct incorrect

Walters v N Glamorgan NHS Trust correct incorrect

McLoughlin v O'Brian correct incorrect

* not completed

. Which of the following statements is not one of the policy reasons for the reluctance to find a duty of care for psychiatric damage?

The belief that psychiatric injury was likely to be falsified correct incorrect

The opening of the floodgates correct incorrect

Psychiatric damage is not as harmful as physical correct incorrect

Conditions such as PTSD had not yet been recognised correct incorrect

* not completed

. Which is true of the 'reasonable man'?

He is of low intelligence correct incorrect

He is greatly experienced correct incorrect

He is casual about safety correct incorrect

He is neither excessively cautious or unusually risk-taking correct incorrect

* not completed

. In which of the following situations is the 'reasonable man' test not modified?

An elderly defendant correct incorrect

A skilled defendant correct incorrect

A very ill defendant correct incorrect

A child defendant correct incorrect

* not completed

. Baker v Willoughby and Jobling v Associated Dairies are contrasting cases which illustrate the courts' approach to which causation problem?

The eggshell skull correct incorrect

Concurrent causes correct incorrect

Unknown causes correct incorrect

Supervening causes correct incorrect

* not completed

. Which of the following statements is not true of Bailey v Ministry of Defence?

The claimant sustained brain damage following a cardiac arrest correct incorrect

The claimant was unsuccessful due to her inability to establish causation correct incorrect

Cumulative factors combined to cause her damage correct incorrect

The defendants had not been negligent in relation to her post-operative care correct incorrect

* not completed

. Which of the following cases is the odd one out?

Weiland v Cyril Lord Carpets correct incorrect

Knightley v Johns correct incorrect

McKew v Holland correct incorrect

Wright v Lodge correct incorrect

* not completed

. Which of the following is not a type of intervening act?

An act of the claimant correct incorrect

An act of the defendant correct incorrect

A natural event correct incorrect

An act of the third party correct incorrect

* not completed

. Hughes v Lord Advocate established which principle?

That both the type of the damage as well as the manner in which it occurred must be reasonably foreseeable correct incorrect

That the extent of the damage must be foreseeable correct incorrect

That the type of the damage but not the manner in which it occurred must be reasonably foreseeable correct incorrect

* not completed

. The duty of care of the employer is 'non-delegable'. What does this mean?

The employer may be vicariously liable for the tort of the employee correct incorrect

The duty is personal and no one else can discharge the duty on the employer's behalf correct incorrect

Independent contractors may be liable instead of the employer correct incorrect

* not completed

. Which case is the odd one out?

Storey v Ashton correct incorrect

Century Insurance v Northern Ireland Transport Board correct incorrect

Smith v Stages correct incorrect

Twine v Bean's Express correct incorrect

* not completed

. Which of the following is true of product liability?

It is strict liability only correct incorrect

It is common law only correct incorrect

It is a combination of statute law and common law correct incorrect

It is statute law only correct incorrect

* not completed

. Which of the following is not a consideration taken into account in deciding whether a product is defective?

The time which the product was supplied correct incorrect

What might reasonably been expected to have been done with the product correct incorrect

The manner of marketing correct incorrect

The intention of the claimant in using the product correct incorrect

* not completed

. Which case below is the odd one out?

Kaye v Robertson correct incorrect

Williams v Humphrey correct incorrect

Wilson v Pringle correct incorrect

* not completed

. Which article of the European Convention on Human Rights is relevant to the tort of false imprisonment?

Art. 10 correct incorrect

Art. 8 correct incorrect

Art. 5 correct incorrect

Art. 2 correct incorrect

* not completed

. Which of the following is not a defence to trespass to the person?

Lawful authority correct incorrect

Contributory negligence correct incorrect

Self-defence correct incorrect

Necessity correct incorrect

* not completed

. Which of the following is not an aspect of the definition of the tort of private nuisance?

An indirect interference correct incorrect

An unlawful interference correct incorrect

A continuous interference correct incorrect

A negligent interference correct incorrect

* not completed

. What type of damage is recoverable under public nuisance but not under private nuisance?

Loss of amenity correct incorrect

Property damage correct incorrect

Economic loss correct incorrect

Personal injury correct incorrect

* not completed

. Which of the categories below is not protected by the Occupiers' Liability Act 1957?

Licensees correct incorrect

Trespassers correct incorrect

Invitees correct incorrect

Contractual entrants correct incorrect

* not completed

. Which case is the odd one out?

Tomlinson v Congleton DC correct incorrect

Glasgow Corporation v Taylor correct incorrect

Donoghue v Folkstone Properties correct incorrect

Keown v Coventry Healthcare NHS Trust correct incorrect

* not completed

. Which one of the following categories can be the subject of the defence of absolute privilege?

A statement made in preparation for court proceedings correct incorrect

A statement made on the basis of a duty to one who has an interest in receiving it correct incorrect

A case report in a case book correct incorrect

* not completed

. The common law Reynolds privilege did not require consideration of which of the following?

The urgency of the matter correct incorrect

The seriousness of the allegation against the claimant correct incorrect

Whether comment was sought from the claimant correct incorrect

The defendant's motive in publishing the statement correct incorrect

* not completed

. Which of the following cases did not feature a breach of confidence based upon a relationship of confidence?

Argyll v Argyll correct incorrect

A v B correct incorrect

Prince of Wales v Associated Newspapers correct incorrect

Albert v Strange correct incorrect

* not completed

. Which aspect of the story published in the Mirror did the House of Lords hold breached Naomi Campbell's right to confidence?

Her drug addiction correct incorrect

That she was receiving treatment for drug addiction correct incorrect

Details of her treatment correct incorrect

Correcting an anti-drugs image which she had cultivated correct incorrect

* not completed

. Max Mosley's action against News Group Newspapers:

Failed due to the public interest in the subject of the story correct incorrect

Succeeded due to the defamatory nature of the story correct incorrect

Failed due to the claimant's extremely provocative conduct correct incorrect

Succeeded due to the fact that privacy had been breached correct incorrect

* not completed

. Which of the following statements is true of Froom v Butcher?

The case failed due to the fact that the claimant did not fasten his seat belt correct incorrect

Damages were reduced because the claimant's head injuries would not have happened had he worn his seatbelt correct incorrect

Damages were not reduced because the claimant did not cause the accident correct incorrect

Damages were not reduced because the claimant's injuries would not have been reduced by wearing a seat belt correct incorrect

* not completed

. Volenti is unlikely to apply in the employment situation. True or false?

True correct incorrect

False correct incorrect

* not completed

. Punitive damages can be awarded when the claimant has been excessively harmed. True or false.

True correct incorrect

False correct incorrect

* not completed

. Dennis v Ministry of Defence illustrated the interaction of which remedies?

Self-help and damages correct incorrect

Injunction and damages correct incorrect

Injunction and self-help correct incorrect

Damages and interim injunction correct incorrect