* not completed

. Which of the following interests is not protected by the law of tort?

Loss of commercial profit due to competition correct incorrect

Reputation correct incorrect

Physical safety correct incorrect

Peaceful enjoyment of one's land correct incorrect

* not completed

. What is meant by the term 'actionable per se'?

Actionable only in the civil courts correct incorrect

A tort of strict liability correct incorrect

Actionable without proof of damage correct incorrect

Actionable at the instance of the injured party only correct incorrect

* not completed

. What case laid down the fundamental test for determining duty of care?

Bourhill v Young correct incorrect

Donoghue v Stevenson correct incorrect

Heaven v Pender correct incorrect

Yeun Kun Yeu v Atty-Gen of Hong Kong correct incorrect

* not completed

. Which of the following is not a policy factor which may come into the duty of care question?

The neighbour test correct incorrect

The impact on the insurance market correct incorrect

The floodgates possibility correct incorrect

Social morality correct incorrect

* not completed

. Which of the following is not a reason for the general lack of liability for omissions in English law?

Uncertainty about what constitutes an omission correct incorrect

Indeterminacy. For example, 'why pick on me?' correct incorrect

Economic inefficiency correct incorrect

The heavy burden it would place on the general public correct incorrect

* not completed

. Identify which of the cases below illustrates an omission for which there was held to be no liability.

Stansbie v Troman correct incorrect

Home Office v Dorset Yacht correct incorrect

Stovin v Wise correct incorrect

* not completed

. Which of the following is not an example of pure economic loss?

Purchase of a defective car correct incorrect

Loss of expected profit correct incorrect

Loss of future earnings due to negligently inflicted physical injury correct incorrect

Loss of expectation of a legacy in a will correct incorrect

* not completed

. Why is the law of negligence reluctant to impose a duty of care for pure economic loss?

Legal remedies should instead be available in the law of contract correct incorrect

Financial loss is not as serious as physical injury correct incorrect

Insurance is not available for this type of loss correct incorrect

There is an inadequate relationship between the claimant and defendant in such cases 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 of the following is potentially actionable in negligence as psychiatric damage?

Severe depression which is medically certified correct incorrect

Grief correct incorrect

Extreme anger correct incorrect

Depression following injury in an accident correct incorrect

* not completed

. Breach of duty is….

Dependent on statute law correct incorrect

Largely a matter of fact correct incorrect

A matter for the jury correct incorrect

Largely a matter of principle 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

. Which of the following accurately describes the 'but for' test?

But for the claimant's fault, the damage would not have occurred correct incorrect

But for the defendant's negligence, the damage would not have occurred correct incorrect

But for the defendant's negligence, the damage would have occurred correct incorrect

But for the claimant's fault, the damage would have occurred correct incorrect

* not completed

. Why was the defendant not liable in Barnett v Kensington & Chelsea Management Committee?

It had caused the damage, but it was too remote correct incorrect

It had been negligent but the plaintiff had caused his own loss correct incorrect

It had been negligent but this had not caused the plaintiff's death correct incorrect

It had not been negligent 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

. Which of the following statements describes the thin skull rule?

It pertains to physical or psychological vulnerability of the claimant correct incorrect

It pertains to financial vulnerability of the claimant correct incorrect

It means that the claimant must take the defendant as he finds him correct incorrect

It means that the defendant owes no duty of care to the claimant correct incorrect

* not completed

. Wilsons and Clyde Coal v English does not impose liability on the employer in respect of which of the following?

An effective system of work correct incorrect

A competent workforce correct incorrect

Psychological well-being correct incorrect

Adequate plant and equipment correct incorrect

* not completed

. The Employers' Liability (Defective Equipment) Act 1969 reverses the effect of Coltman v Bibby Tankers. True or False?

True correct incorrect

False 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

. Intermediate inspection was a factor in the finding of no liability in which of following cases?

Grant v Australian Knitting Mills correct incorrect

Evans v Triplex Safety Glass correct incorrect

Kubach v Hollands correct incorrect

* not completed

. Which of the following is not a tort described as 'trespass to the person'?

Battery correct incorrect

False imprisonment correct incorrect

Public nuisance correct incorrect

Assault correct incorrect

* not completed

. Battery requires proof of injury. True or false?

True correct incorrect

False 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

. In order to bring a claim in private nuisance, it is necessary to have a legal interest in land. True or false?

True correct incorrect

False correct incorrect

* not completed

. Occupiers' liability is essentially different from the tort of negligence. True or false?

True correct incorrect

False 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

. In which situation is slander actionable without proof of damage?

An assertion that a woman has had an affair correct incorrect

An assertion that the claimant is HIV positive correct incorrect

An assertion that the claimant is guilty of a serious crime correct incorrect

* not completed

. Which of the articles of the European Convention on Human Rights is not applicable to defamation law?

Article 10 correct incorrect

Article 8 correct incorrect

Article 6 correct incorrect

* not completed

. In Kaye v Robertson which one cause of action was successful?

Trespass to the person correct incorrect

Malicious falsehood correct incorrect

Libel correct incorrect

Invasion of privacy correct incorrect

* not completed

. Articles 8 and 10 of the ECHR apply horizontally between individuals and non-governmental bodies. True or false?

True correct incorrect

False correct incorrect

* not completed

. Contributory negligence occurs when the claimant has been a cause of the event causing damage. See Law Reform (Contributory Negligence) Ace 1945 s 1(1).

True correct incorrect

False 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

. Which of the following is not a type of non-compensatory damages?

Nominal damages correct incorrect

Exemplary damages correct incorrect

Aggravated damages correct incorrect

Contemptuous damages 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