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

Are occupiers liable to visitors for harms arising from activities performed on their land?

2 / 50

When will an act of nature break the chain of legal causation?

3 / 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?

 

4 / 50

What type of defendant is primarily strictly liable for harms caused by defective products? (Three answers)

5 / 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?

6 / 50

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

7 / 50

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

8 / 50

What does it mean if the defendant adopted a private nuisance?

9 / 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?

 

10 / 50

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

11 / 50

What three matters must the claimant prove to establish the tort of intentional infliction of harm?

12 / 50

What four things must a secondary victim establish to show that the defendant owes them a duty of care to avoid causing psychiatric harm?

13 / 50

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

14 / 50

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

15 / 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)

16 / 50

If the defendant's negligence injures the claimant, but the claimant would have suffered the same injury later on, can the claimant establish factual causation after the date of the second, inevitable injury?

17 / 50

Which of the following three scenarios cannot constitute an assault?

18 / 50

If an act of the claimant, nature or a third party was the kind of thing the defendant's duty was supposed to guard against, can it break the chain of legal causation?

19 / 50

What can be claimed using a dependency claim under the Fatal Accidents Act 1976? (Two answers)

20 / 50

What state of mind must the defendant possess before a claimant can establish the tort of false imprisonment?

21 / 50

When determining whether the defence of contributory negligence is available, what is the relevance of the claimant being a child?

22 / 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?

23 / 50

What does unforeseeable mean for the purposes of legal causation in negligence?

24 / 50

What are the four matters the claimant must show to establish the rule in Rylands v Fletcher?

25 / 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?

26 / 50

How does the occupier's duty change, if at all, if the visitor is a child?

27 / 50

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

28 / 50

You are dealing with a claim where the defendant has attempted to exclude liability against a consumer for negligence. Which Act determines whether the notice is valid?

29 / 50

You are dealing with a claim where the defendant has attempted to exclude liability against another business for negligence. Which Act determines whether the notice is valid?

30 / 50

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

 

31 / 50

In what three scenarios are exemplary damages available in tort?

32 / 50

When will the defence of illegality bar a claim?

33 / 50

Is it possible to exclude liability for personal injury or death under the Unfair Contract Terms Act 1977?

34 / 50

For the purposes of a duty to inform in negligence, what is a 'material risk'?

35 / 50

Where the claimant is a rescuer, what must the defendant show to establish he did not take due care?

36 / 50

What kind of tort is the rule in Rylands v Fletcher?

37 / 50

For the purposes of vicarious liability, what two factors indicate that the tort is not within the field of activities entrusted or assigned to the primary tortfeasor by the defendant?

38 / 50

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

39 / 50

If a risk is well-known to and accepted by the public, can it constitute a defect for the purposes of the Consumer Protection Act 1987?

 

40 / 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)

41 / 50

For the purposes of the defence under s 4(1)(e) (the state of scientific and technical knowledge) of the Consumer Protection Act 1987, when can a producer show they could not have discovered the defect?

42 / 50

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

43 / 50

What must be established to hold a supplier who is not primarily liable under the Consumer Protection Act 1987 liable for defects in a product?

44 / 50

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

45 / 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?

46 / 50

If the claimants chances of avoiding an injury have been reduced from 48% to 21% by the defendant's negligence, will they be able to establish factual causation?

 

47 / 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?

48 / 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?

49 / 50

Is the social utility of the product relevant to whether it is defective under the Consumer Protection Act 1987?

50 / 50

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

 

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