Tort Law Revision

TORT LAW

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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

Which four factors indicate that a defendant's actions are 'reasonable' for the purposes of private and public nuisance?

2 / 50

The claimant moves through a toll booth operated by the defendant. They then decide they want to leave, but the defendant will not let them past unless they pay a small fee. Has the defendant committed the tort of false imprisonment?

3 / 50

What three matters must the claimant establish to show that the defendant has committed private nuisance against them?

4 / 50

What factors are relevant to whether the claimant waived liability for risk for the purposes of volenti non fit injuria? (Five answers)

5 / 50

What duty of care is owed by occupiers to their visitors?

6 / 50

Polly runs over Gareth in her car, instantly putting him in a coma. As part of his damages for a successful negligence claim, can Gareth claim compensation for loss of amenity?

 

7 / 50

What 4 conditions must be met before the defendant is deemed to have 'assumed responsibility' for the claimant's pure economic loss (and therefore owe the claimant a duty of care)?

8 / 50

Diana is killed at work due to her employer's negligence. Her estate successfully sues in the tort of negligence. Can her estate claim the earnings that Diana has lost by no longer being alive?

 

9 / 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?

10 / 50

What is the 'event' that the secondary victim must have been in close proximity to?

11 / 50

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

12 / 50

The defendant performed surgery on the claimant. They first informed the claimant about the nature and purpose of the surgery, but did not inform them of serious risks of injury involved. The claimant agreed to the surgery. The claimant then sues the defendant in the tort of battery, claiming that they did not give valid consent. Is the claimant correct?

 

13 / 50

For the purposes of vicarious liability, what four factors indicate that the tort is within the field of activities entrusted or assigned to the primary tortfeasor by the defendant?

14 / 50

What must the claimant show to establish that negligently inflicted harm is sufficiently non-remote?

15 / 50

If the claimant's chances of negotiating their way out of an economic loss have been reduced from 48% to 21% by the defendant's negligence, can they establish factual causation?

 

16 / 50

When reducing damages for contributory negligence, can the court make a 100% reduction?

 

17 / 50

When will an occupier not be liable for dangers created by an independent contractor on their land?

18 / 50

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

19 / 50

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

20 / 50

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

21 / 50

How does a claimant establish factual causation in tort?

22 / 50

The default rule is that an injunction will be granted to restrain any public or private nuisance. True or false?

 

23 / 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?

24 / 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)

25 / 50

What must be shown for a statutory duty to give rise to a separate action for breach of statutory duty?

26 / 50

Under the Unfair Contract Terms Act 1977, who bears the burden of proving that an exclusion or limitation notice is reasonable or unreasonable?

27 / 50

What factors are relevant to whether the defence of illegality is established? (Four answers)

28 / 50

When will the defendant be liable for the tort of false imprisonment as a primary defendant (not vicariously) where the detention was imposed by a third-party?

29 / 50

What standard of care is owed to a trespasser under the Occupiers Liability Act 1984?

30 / 50

What is the purpose of damages in tort?

31 / 50

The police may normally rely on their powers of arrest and stops as a defence to a personal interference tort claim. When is this not the case?

32 / 50

If the defendant did not directly cause a nuisance themselves, what must that the claimant show to demonstrate the defendant is responsible for a private nuisance? (Two answers)

33 / 50

When is an exclusion notice relating to economic loss or property damage invalid under the Consumer Rights Act 2015?

34 / 50

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

35 / 50

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

36 / 50

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

 

37 / 50

When will the defence of illegality bar a claim?

38 / 50

What type of harm must a primary or consequential victim of psychiatric harm in negligence show was foreseeable to establish that their loss was not too remote?

39 / 50

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

 

40 / 50

When do fire and ambulance services owe a duty to people who request their aid? (Two answers)

41 / 50

What is the effect of establishing the defence of volenti non fit injuria?

42 / 50

The standard of care in negligence lowered for learners, trainees or the inexperienced. True or false?

 

43 / 50

What type of harm must a secondary victim of psychiatric harm in negligence show was foreseeable to establish that their loss was not too remote?

44 / 50

When is planning permission relevant to whether a defendant's activity is a nuisance?

45 / 50

When does the Bolam test not apply when determining if a professional is in breach of their duty in negligence?

46 / 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?

47 / 50

Are restitutionary damages ever available in tort?

48 / 50

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

49 / 50

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

50 / 50

Can liability be excluded for a breach of the Occupiers Liability Act 1957?

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