Chapter 1 Self-test questions

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

Reputation.

Peaceful enjoyment of one's land.

The interest in unfettered business competition.

Physical safety.

. The word tort is derived from the Latin word for pain.

True

False

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

It is solely made up of statute law.

It generally concerns a relationship between two parties only.

Unlike tort, its principles have been strongly influenced by human rights law.

It is generally concerned only with punishment.

. The law of tort can be distinguished from criminal law in which way?

Criminal law is imposed upon persons generally.

There is never an element of punishment in tort law.

Tort law is predominantly concerned with compensation.

Criminal law does not provide a remedy for environmental wrongs.

. Article 10 of the Human Rights Act 1998 concerns the right to respect for private and family life.

True

False

. Which of the following sources of law has been most important in the development of tort?

The common law.

Statute law.

European human rights law.

International treaties.

. Which of the following is not a prime aim of the tort system?

Deterrence.

Punishment.

Compensation.

Corrective justice.

. What is the effect of liability insurance on the operation of the tort system?

It means that the wrongdoer never has to pay for his mistake.

It leads to an extremely risk-averse society.

Social security payments become a preferable alternative to tort.

It diminishes the deterrent effect of tort law.

. Tort damages compensate:

The overwhelming majority of accident victims.

Only those accident victims whose cases go to court.

Only those accident victims who are not entitled to state benefits.

A small minority, less than 10%, of accident victims.

. The NHS Litigation Authority has found that medical negligence claims are gradually declining.

True

False

. Which if the following factors is least likely to discourage a potential claimant from pursuing a tort action?

The fact that he cannot obtain legal aid for his claim.

The fact that the defendant has insurance concerning the loss which occurred.

The potentially extended timescale for obtaining any compensation.

The uncertainty of the tort process.

. The Civil Procedure Rules:

require the judge to take a more active role in the management of a case.

enable the claimant to determine when and how his case will be heard.

are designed to discourage defendants from contesting tort claims.

will inevitably lead to wasted time and more legal uncertainty.

. What best summarises the lasting legacy of the Pearson Report?

The position it took on no-fault liability.

Its dramatic impact on increasing the scale of damages awards.

The facts and figures which its research revealed about the tort process.

Bringing the Thalidomide disaster to the attention of the world.

. The British system of compensation can be described as a 'mixed system'. This means:

that sickness and accidents are both included.

that tort compensation is supplemental to social security.

that industrial injuries are given preference above other types.

that compensation is awarded as of right, regardless of gender, race, or national origin.

. Which of the statements below is not true of the social security system?

Entitlement to most benefits requires means-testing.

It has much lower administrative costs than the tort system.

It operates an industrial preference.

Social security payments generally are paid periodically.

. The Motor Insurers' Bureau:

exists to make certain that every motorist has compulsory insurance.

provides free insurance coverage to those with a clean driving record.

will provide details of the insurance coverage held by anyone involved in an accident.

exists to provide compensation to those who suffer loss caused by an uninsured driver.

. Which of the following statements is untrue as regards loss or damage suffered by users of the National Health Service?

Damages awards are generally on the lower end of the scale.

Many claims derive from injuries suffered at birth.

Claimants are often concerned to receive an explanation and an apology.

Claimants often have difficulty pursuing their claim due to secrecy over medical records.

. Which of the following can most accurately be described as a 'no-fault' system?

Industrial injuries benefits.

Mediation within the National Health Service.

The Criminal Injuries Compensation Scheme.

The Australian system of compensation for drugs related injuries.

. The Compensation Act 2006 concerns all of the issues below except:

claims management services.

reduction of criminal injuries payments.

asbestos compensation.

the 'compensation culture'.

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