Chapter 11 Self-test questions

. Which of the following statements is not true of the action of trespass to the person?

It is actionable per se.

It requires proof of damage to the claimant.

It features direct action.

It features intentional action.

. The tort of assault requires apprehension of application of force in order to be actionable.

True

False

. Which of the following best describes the nature of the requirement for intention in an action in battery?

The defendant must have intended to injure the claimant.

The defendant must have intended to commit an anti-social act in relation to the claimant.

The defendant must have intended the physical movement which resulted in the battery.

. Which of the following statements is true of the so-called 'hostility' requirement in battery?

It was first set out in Nash v Sheen.

It was doubted in Wilson v Pringle.

It was doubted in Re F.

It was set out in Collins v Wilcock.

. Which piece of legislation has to some extent diminished the need for the tort in Wilkinson v Downton?

The Protection from Harassment Act 1997

The Defective Property Act 1972

The Consumer Protection Act 1987

The Occupiers Liability Act 1984

. Selma dislikes and resents her colleague David, and never misses an opportunity to tease and undermine him at work. What is required in order for David to be able to bring a Wilkinson v Downton action against Selma?

That Selma be responsible for causing David's distress.

Selma's intentional infliction of harm upon David.

A course of conduct by Selma against David.

The causing of exclusively physical harm to David by Selma.

. Which of the following cases established that restraint subject to a reasonable condition does not constitute false imprisonment?

Bird v Jones

Murray v Ministry of Defence

Herring v Boyle

Robinson v Balmain Ferry

. Consent is always a defence if a battery is suffered in the course of a fight.

True

False

. Which of the following cases does not concern the right to refuse medical treatment?

Re F

Re MB (Medical Treatment)

St. George's Healthcare Trust v S

B v NHS Hospital Trust

. Trespass to land can be committed negligently.

True

False

. Which of the following characteristics are common to both trespass to land and nuisance?

Actionable per se.

Continuity is required.

Locality relevant.

Can in some cases give rise to criminal liability.

. Which of the following would not give rise to an action for trespass to land?

A crane being used for building which swings over the claimant's land.

A plane passing overhead taking aerial photographs.

Digging a tunnel under the claimant's land.

Erecting a sign which hangs over the claimant's land.

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