Tort Law Revision

Tort Law Quiz

Test yourself on the principles of tort law.

This quiz selects 50 random questions from the Ipsa Loquitur Tort Law question bank, so the quiz will be different each time you take it. To take all the questions on a particular subject, visit that subject's revision page.

1 / 50

When does a person breach their duty of care?

When they act as a reasonable person would do

When they do not act as a reasonable person would

When the defendant assumed responsibility for the claimant's wellbeing

When they fail to stop the claimant suffering a loss

2 / 50

If a claimant acquires a cause of action but dies in the process or is subsequently killed, what happens to the cause of action?

The estate may sue, except for defamation or bereavement

The estate may sue

The cause of action is extinguished

3 / 50

If the defendant touches the claimant accidentally but refuses to end the contact when asked, has the defendant committed the tort of battery?

4 / 50

Is a latent defect in a building or property pure economic loss?

No

Yes but only the defect is in one part of a complex structure which damages other parts

Yes

5 / 50

Which of the following are the four categories of primary victim when determining if there is a duty to prevent psychiatric harm?

Pregnant people whose babies are physically injured in utero

People who were in the zone of physical danger created by the defendant

People who reasonably believed the defendant has made them instrumental in causing death or serious injury

People who reasonably believed they were in the zone of physical danger created by the defendant

People who share a close tie of love and affection without someone injured in the accident

People who were in close geographic and physical proximity to the aftermath of the event

People who share a close tie of love and affection without someone in the zone of physical danger

6 / 50

When is a product 'defective' for the purposes of the Consumer Protection Act 1987?

Where the safety of the product is not such as persons generally are entitled to expect

Where the product exposes the public to a significant level of risk

Where the defendant did not take reasonable steps to ensure that the product would not harm consumers

Where the product does not conform to industry standards relating to safety and quality

7 / 50

The claimant alleges that the practical manner in which the local authority implemented a decision harmed them. When will a duty of care be owed by the local authority?

If the decision was so unreasonable that it falls outside lawful scope of the power's discretion

The local authority cannot owe a duty in this case

If normal principles on duties of care apply

8 / 50

The tort of false imprisonment is actionable per se. True or false?

True

False

9 / 50

For the purposes of the tort of battery, has the defendant 'directly' touched the claimant if they do so through an object or by setting a trap to later trigger and touch them?

10 / 50

The claimant is a trespasser on the defendant's land. They encounter an unlocked door with a sign saying 'keep out', which they read. They open the door and walk through, where they injure themselves by falling in a pit. Assuming that a duty of care is owed under the Occupiers Liability Act 1984, has the defendant fulfilled that duty by placing a 'keep out' sign on the door?

No, because it is not possible to discharge the duty of care by warning of danger

No, because the sign does not inform the trespasser that there is a danger

Yes, because they warned the trespasser to stay away from the danger

11 / 50

In what three situations will the courts label touching as 'hostile' for the purposes of the tort of battery?

The touching was not acceptable conduct in ordinary daily life

The touching was done with anger or ill-will

The touching causes personal injury

The touching was unexpected

The defendant exceeded a lawful basis for the touching

The defendant did not acquire prior consent for the touching

12 / 50

What standard of care is imposed on children in the tort of negligence?

The standard of a reasonable child of the same age

Children cannot be liable in negligence

The standard of a reasonable adult

13 / 50

What is the consequence of proving contributory negligence?

An injunction cannot be granted

The defendant is not liable

The damages payable are reduced

14 / 50

To establish the tort of intentional infliction of harm, what does the defendant have to intend to inflict on the claimant?

Severe or significant distress

Any emotional distress

A recognised psychiatric illness

15 / 50

Is there general liability for a failure to act in English Law?

16 / 50

Which 5 factors are relevant to whether the defendant has breached a duty of care they owe in negligence?

The proximity between the parties

The fact that the defendant is a trainee

The extent to which the claimant contributed to the accident

Whether it is fair, just and reasonable to hold the defendant liable

The social utility of the activity

The foreseeability of the harm

The cost of precautions

Any known vulnerability the claimant has

The seriousness of the harm

17 / 50

What must the claimant who is a trespasser show to demonstrate that a duty is owed to them under the Occupiers Liability Act 1984? (Three answers)

That the occupier is responsible for the danger being on the land

That the occupier knew or had reasonable grounds to believe trespassers might encounter the danger at that time

That the occupier failed to take reasonable steps to keep trespassers off the land

That the occupier has taken steps to exclude trespassers from the area with the danger in the past

That the occupier was aware of the danger or had reasonable grounds to believe it existed

That the risk is one against which the occupier may reasonably be expected to offer the claimant some protection

18 / 50

What kinds of damage cannot be recovered using a claim under the Consumer Protection Act 1987?

Consequential economic loss

Damage to the defective product or its components

Personal injury and death

Private property damage and loss

Property damage and loss valued at less that £275

Non-private property damage and loss

19 / 50

Can a defendant rely on the defence of volenti non fit injuria if the claimant understood the risk but was disinhibited by drugs or drink?

20 / 50

For the purposes of establishing the rule in Rylands v Fletcher, what is a non-natural use?

In context, it is extraordinary or unusual with an exceptionally high risk of danger on escape

The use was particularly dangerous

The use was likely to cause a dangerous thing to escape

In context, it is an artificial use of the land

21 / 50

If the escape in issue in a Rylands v Fletcher kind of case was caused by an act of nature, is the defendant liable?

Yes, unless the natural event was completely unforeseeable

Yes, unless precautions would be too costly

No

Yes, unless the natural event was improbable

Yes

22 / 50

For the purposes of the defences to the Consumer Protection Act 1987, when is 'the relevant time'? (Three answers)

When the defect became part of the product

When the product was manufactured

When the product was supplied by the defendant

If the product is electricity, when it was generated

When the product was last supplied by a producer, own-brander or importer other than a secondary defendant

When the product was imported

23 / 50

Do the police owe victims a duty of care when investigating crime?

No, a duty is owed in no cases

Yes, but only if they have told the victim that they will investigate the case

Yes, a duty is owed in all cases

Yes, but only if they ought to have known of an immediate threat to the life of a specific victim from a specific party.

Yes, but only if they have a suspect and there is a threat to the life of the victim

24 / 50

Which two elements must be demonstrated to show that there is a 'close connection' between the tort and the defendant's relationship with the primary tortfeasor for the purposes of vicarious liability?

The relationship created or increased the risk of that kind of tort

The tort was an unauthorised mode of fulfilling the defendant's instructions

That the tort was within the field of activities entrusted to the primary tortfeasor

The defendant authorised the tort

The defendant had not instructed the primary tortfeasor to avoid the tort

25 / 50

Can liability be excluded for a breach of the Occupiers Liability Act 1984?

Only in business-to-business relations

Yes

No

The law is unclear

26 / 50

Do local authorities owe citizens a duty to warn them that they are in danger?

27 / 50

In the context of contributory negligence, what does it mean to say that the claimant contributed to the occurrence of the loss or its extent? (Three answers)

That the claimant's lack of care was a legal cause of the loss

That the claimant's lack of care was a factual cause of the loss

That the claimant materially increased the risk of the loss

That the loss was not too remote from the claimant's actions

That the claimant was equally responsible for the loss or its extent

28 / 50

The claimant has sued the defendant for false imprisonment. They claim that they initially consented to the detention, but later withdrew their consent. The defendant shows that it would be very costly and inconvenient to put this withdrawal of consent into effect. Is the defendant liable for false imprisonment?

29 / 50

There is a presumption that a breach of health and safety statutes give rise to a separate action for breach of statutory duty. True or false?

False

True

30 / 50

How does a claimant establish factual causation in tort?

By showing that but for the breach, the loss would not have happened

By showing that the type of loss caused was a foreseeable result of the breach

By showing that the claimant lost a chance of avoiding the loss

By showing that there are no novus actus interveniens

31 / 50

The claimant alleges that a local authority failed to exercise a statutory discretion which does not involve policy considerations, and caused them harm. When does the local authority owe them a duty of care in this scenario?

If the decision was so unreasonable that it falls outside lawful scope of the power's discretion

The local authority cannot owe a duty in this case

If normal principles on duties of care apply

32 / 50

What must the defendant demonstrate to establish contributory negligence? (Two answers)

The claimant’s lack of care contributed to the occurrence of the damage or its extent

The claimant breached a duty of care owed to the defendant

The claimant did not take reasonable care for their safety

A third party negligently contributed to the occurrence of the damage or its extent

The claimant acted in a very unreasonable manner

33 / 50

What two criteria must be established for the doctrine of res ipsa loquitur to apply in negligence?

The defendant failed to act as a reasonable person would

The accident is not the kind of thing that normally happens without negligence

The defendant must be able to control or manage the situation

The defendant's employees are responsible for the harm

The harm was a foreseeable result of the defendant's activities

34 / 50

Which factors indicate that Parliament did intend for a particular statutory provision to give rise to a separate action for breach of statutory duty? (Two answers)

The duty is merely a political aspiration

The statute does not state a specific way of enforcing the duty

The statute provides a specific mechanism for enforcing the duty

The harm the provision is designed to protect against is particularly serious

The duty is imposed on a specific, private defendant or a public authority only

The duty is regulatory in nature

The duty is a public and general duty rather than one imposed on specific types of private party

35 / 50

For the purposes of occupier's liability, who is a visitor?

Children who have been 'lured' onto the land

Anyone who lawfully enters the land

Any person invited or permitted to be on the land, even if they do not remain within the terms of the invitation

Any person invited or permitted to be on the land, so long as they remain within the terms of the invitation

36 / 50

Which test applies when determining whether there is a duty of care in non-novel cases?

Robinson v CC of West Yorkshire Police

Caparo Industries Plc v Dickman

37 / 50

To what standard is a professional or person with special skills held to in negligence?

That of an reasonable person

That of a reasonable professional in the same field with the same qualifications, unless they are a trainee

That of a reasonable professional in the same field with the same qualifications

38 / 50

What are the 'trio of considerations' when establishing the defence of illegality?

The extent to which the claimant must rely on illegal activity to establish the claim

The underlying purpose of the law broken

The proportionality of denying the claim

Any policy or legal considerations made less effective by denying the claim

Whether the illegality relates to establishing the claim or a defence

The remedy which the claimant is asking for

39 / 50

The defendant is being sued for breach of the rule in Rylands v Fletcher. The escape was caused by the deliberate act of a third party. Is the defendant liable?

No

Yes

Yes, unless the third party was an employee acting in the course of their employment

No, unless the third party was acting in a way which was beneficial to the defendant's enterprise

Yes, unless the third party was entirely independent and their acts not a probable consequence of the defendant's acts

40 / 50

Can something which is inherent in how the product operates constitute a defect for the purposes of the Consumer Protection Act 1987?

No

Yes

41 / 50

What three factors indicate that damages in lieu of an injunction should be granted in an injunction claim?

The balance of convenience favours a grant of damages

The claimant’s injury could be adequately compensated by a small compensation payment

The claimant's loss is small and pecuniary

In the circumstances of the case it would be oppressive to the defendant to grant an injunction

Damages at trial would not adequately compensate the defendant for the effect of the injunction

42 / 50

What are the elements for determining whether a prohibitory injunction should be granted? (Three answers)

Does the risk of injustice to the claimant if the injunction is refused outweigh the risk of injustice to the defendant if the injunction is granted?

Are damages adequate to compensate either party?

Is there high degree of assurance that the claimant will succeed at trial or has the claimant already succeeded?

Does the balance of convenience favour the grant?

Is there a serious issue to be tried or has the claimant already succeeded at trial?

43 / 50

Which factors indicate that Parliament did not intend for a particular statutory provision to give rise to a separate action for breach of statutory duty? (Four answers)

The duty is imposed on a specific, private defendant or a public authority only

The statute does not state a specific way of enforcing the duty

The duty is merely a political aspiration

The duty is regulatory in nature

The statute provides a specific mechanism for enforcing the duty

The duty is a public and general duty rather than one imposed on specific types of private party

The harm the provision is designed to protect against is particularly serious

44 / 50

What must be shown to establish public nuisance?

That over one hundred individuals have made a complaint about the activity to the attorney general, who deems it unreasonable

The activity materially affects the reasonable comfort and convenience of life of a class of the public or obstructs common rights

That the actions of the defendant are extremely unreasonable, given the nature of the locality

The activity causes physical harm to multiple claimants' land

45 / 50

What two matters must the defendant show to establish the defence of volenti non fit injuria?

A reasonable person would foresee that there was a risk involved in the activity

The claimant voluntarily agreed or indicated that they were waiving their right to sue

The claimant was engaged in illegal activity at the time of the tort

The claimant contributed to the accident with their own negligence

The claimant was fully-informed about the risk

The claimant foresaw that there was a risk involved in the activity

46 / 50

What five matters must the claimant prove to show that the defendant owes them a non-delegable duty of care?

The tort was committed by an employee in the course of their employment

The claimant had no control over how the defendant protected them

The defendant assumed responsibility to protect the claimant from harm

The claimant was under the defendant’s custody or care

The defendant delegated the exercise of their responsibility to a third-party

The claimant is a child, employee, patient or prisoner of the defendant

The claimant is in a pre-existing and independent relationship of dependence on the defendant

The harm was foreseeable

47 / 50

What are the elements for determining whether a mandatory injunction should be granted? (Four answers)

Does the risk of injustice to the claimant if the injunction is refused outweigh the risk of injustice to the defendant if the injunction is granted?

Are damages adequate to compensate either party?

Has the claimant suffered pecuniary loss?

Is there high degree of assurance that the claimant will succeed at trial or has the claimant already succeeded?

Where does the balance of convenience lie?

Is there a serious issue to be tried or has the claimant already succeeded at trial?

48 / 50

Do the police owe a duty of care to suspects or witnesses when investigating crime?

49 / 50

When is the manner in which the harm was caused relevant to remoteness of damage?

When the claimant cannot prove the breach caused the loss

Always

When it takes the loss outside of the scope of the defendant's duty

When the claimant has a special vulnerability

Never

50 / 50

If the claimant is a secondary victim, when will the courts presume that they shared a close tie of love and affection with someone injured in the event? (3 answers)

If the claimant is the person's grandparent

If the claimant is the person's fiancée

If the claimant is the person's parent

If the claimant is the person's child

If the claimant is the person's sibling

If the claimant is the person's spouse or civil partner

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Tort Law Revision

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Negligence

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