Chapter 2 - Torts - New questions

Question 1

Example of a scenario that could result in both a crime and a tort?

Answer 1

A person agrees to a contract but fails to fulfill their duties.

Question 2

If A hires a taxi and is injured due to the careless driving of the taxi driver (B), A may sue B for:

Answer 2

Both breach of contract and the tort of negligence.

Question 3

When a doctor causes harm to a private patient through improper medical treatment, the patient can sue for:

Answer 3

Both breach of contract and negligence.

Question 4

In cases where both breach of contract and negligence are involved, the proceedings typically occur:

Answer 4

In a civil court where both issues are considered together.

Question 5

In the context of insurance, what is a key limitation for coverage related to trespass?

Answer 5

The insurance policy only covers accidental trespass.

Question 6

Why might an insurance policy exclude coverage for damage caused by trespass actionable per se?

Answer 6

Because the damage was caused deliberately and was not accidental.

Question 7

What are the three essential elements for an action in negligence to succeed?

Answer 7

Duty of care, breach of duty, and damage caused by the breach.

Question 8

What is the ‘neighbour principle’ or ‘neighbour test’ as established in Donoghue v. Stevenson?

Answer 8

A principle that one must not injure those who are closely and directly affected by their actions.

Question 9

What factors do courts consider when determining whether a breach of duty has occurred?

Answer 9

The magnitude of risk, ease of risk reduction, and current scientific knowledge.

Question 10

What was the main principle established in the case of Overseas Tankship (UK) Ltd v. Mort’s Dock and Engineering Co. Ltd (1961) regarding the remoteness of damage?

Answer 10

Damage is considered too remote if it was not of a type that was reasonably foreseeable.

Question 11

In Smith v. Leech Brain and Co. Ltd (1961), why were the employers held liable for the claimant’s death despite the injury being trivial?

Answer 11

The death resulted from a pre-existing condition that was exacerbated by the injury.

Question 12

Before the decision in Hedley Byrne v. Heller and Partners (1963), could individuals who received negligent advice sue for damages in tort?

Answer 12

No, they could only sue if there was a contract between the parties.

Question 13

In Spartan Steel and Alloys v. Martin and Co. (Contractors) Ltd (1973), what was the court’s decision regarding the recovery of pure economic loss?

Answer 13

The claimant could recover only the economic loss directly related to physical damage, not pure economic loss.

Question 14

What exception to the general rule on pure economic loss is recognized in tort law?

Answer 14

Economic loss arising from a special relationship where negligent advice is relied upon.

Question 15

In the context of the Hedley Byrne rule, which of the following is NOT a required condition for liability to arise?

Answer 15

The advice must be given in writing.

Question 16

Before the legal changes made by Hedley Byrne v. Heller and Partners (1963), could individuals sue for damages resulting from negligent advice if there was no contract between the parties?

Answer 16

No, a contract was necessary to bring a claim for negligent advice.

Question 17

What did the House of Lords decide in White v. Chief Constable of South Yorkshire Police (1999) regarding police officers claiming for psychiatric injury?

Answer 17

The duty to protect police officers from psychiatric injury did not extend if there was no breach of duty regarding physical injury.

Question 18

Which of the following is NOT a recognized category for psychiatric illness claims beyond “nervous shock” cases?

Answer 18

Psychiatric illness caused by direct physical harm.

Question 19

In the context of public nuisance, what is considered ‘special damage’?

Answer 19

Loss or inconvenience that is greater than that suffered by the general public.

Question 20

Which of the following is a valid defense against a claim of nuisance?

Answer 20

The nuisance has existed continuously for at least 20 years under the Prescription Act 1832.

Question 21

Which remedy is NOT typically available for a private nuisance claim?

Answer 21

Criminal prosecution.

Question 22

What is NOT considered a valid defense in a nuisance case?

Answer 22

The nuisance is a result of unavoidable accidents.

Question 23

According to the rule in Rylands v. Fletcher, when can a defendant be held liable for damage caused by something brought onto their land?

Answer 23

Only if the damage was a natural consequence of the thing’s escape.

Question 24

In which case did the House of Lords clarify the scope of the rule established in Rylands v. Fletcher?

Answer 24

Transco Plc v. Stockport MBC (2004)

Question 25

What must a claimant prove to succeed in a claim under the Rylands v. Fletcher rule?

Answer 25

That the thing brought onto the land was exceptionally dangerous or mischievous.

Question 26

Which Act imposes strict liability for damage caused by animals under the care of another?

Answer 26

Animals Act 1971

Question 27

What must a claimant establish to succeed in an action for breach of statutory duty?

Answer 27

That the statute was intended to provide a civil remedy.

Question 28

According to the Enterprise and Regulatory Reform Act 2013, what is the effect on the civil actionability of breaches of health and safety regulations?

Answer 28

Breaches of health and safety regulations are civilly actionable only if the regulations explicitly provide for it.

Question 29

According to the policy reasons identified by Lord Phillips in Catholic Child Welfare Society and Others v. Various claimants and Others (2012), which of the following is NOT a reason for imposing vicarious liability?

Answer 29

The employee’s activities are not related to the business of the employer.

Question 30

In Involnert Management Inc v. Aprilgrange Ltd (2015), what principle did Mr Justice Leggatt reject regarding the liability of a producing broker for the negligence of a placing broker?

Answer 30

That the producing broker was vicariously liable for the placing broker’s negligence.

Question 31

What types of damage are covered under the Occupiers’ Liability Act 1984 in relation to trespassers?

Answer 31

Death and personal injury only.

Question 32

If a person suffers harm from a defective product and was not the buyer of the product, what legal remedies are available to them?

Answer 32

They can bring an action in tort based on negligence or under the Consumer Protection Act 1987.

Question 33

What is the minimum amount of property damage covered by the Consumer Protection Act 1987 for claims against defective products used for private purposes?

Answer 33

£275

Question 34

What distinguishes libel from slander?

Answer 34

Libel is published in a permanent form, while slander is in a transient form.

Question 35

Under what circumstances is slander actionable without proof of damage?

Answer 35

When the statement falsely accuses the claimant of a crime punishable by imprisonment.

Question 36

Which of the following is a defense to a defamation claim?

Answer 36

The statement was true.

Question 37

Which of the following is not a recognized defense to defamation?

Answer 37

Financial hardship suffered by the defendant.

Question 38

Which of the following is true about the defense of consent?

Answer 38

It applies to deliberate torts where the claimant agreed to the act.

Question 39

For claims based on libel or slander, what is the limitation period according to the Limitation Act 1980?

Answer 39

One year

Question 40

Which type of damages requires strict proof and notice when making a claim?

Answer 40

Special damages

Question 41

In which type of case are exemplary (or punitive) damages most likely to be awarded?

Answer 41

Trespass