Practice Test

1) which case is the occupier of a house liable for negligence -

2) what remedies are available to victims incase of private nuisance?

3) tort is a criminal wrong-

4) tort is a civil wrong not exclusively a breach of contract or breach of trust-

5) damnum sine injuria means no action in tort-

6) injuria sine damnum means-

7) mens rea means guilty mind-

8) in some torts defendant is liable without intention or negligence-

9) consent of plaintiff is obtained is an exception to rule of strict liability.

10) master liable for tort of his servent is-

11) qui facit per alium facit perse means-

12) unliquidated damages is not the only remedy for a tort and that for some torts,it is not even the primary remedy.there are other remedies also.they are:

13) the maxim "salus populi suprema lex"means:

14) the scope of volunti non fit injuria as a defence:

15) necessity is available as defence:

16) ashby v. white is a leading case related to the maxim:

17) mental condition of the wrong-doer at the time of wrong-doing is:

18) to succeed in an action for the tort of negligence,what is required to be proved is:

19) which one of the following is not a libel:

20) a set up a rival school to that of b's.because of competition,b had to reduce their fees:

21) the liability of joint tort-feasers is:

22) the word ''tort''has been derived from the latin word :

23) the maxim ''volunti non fit injuria ''means :

24) tje ''standard of care '' generally used in case of negligence is :

25) ''tort is a civil wrong for which the remedy is comman law action for unliquidated damages ,and which is not exclusively the breach of a trust or other or other merely equitable obligation ''this definition of tort is given by :

26) law of tort has developed mainly through :

27) gloucester grammar school case explains :

28) mark the correct statement :

29) inevitable accident means :

30) basically, tort is a

31) civil wrong includes

32) the word tort has been drived from the latin term

33) law of torts mainly developed through

34) Which of the following situations are considered as assault?

35) Any direct application of force to the person without his consent or lawful
justification is a wrong of

36) Which of the following is/are NOT common examples of vicarious liability?

37) Damn um sine injuria means

38) Which of the following are different kinds of strict or absolute liability?

39) ……………………is the unlawful restraint of a person against her will by
someone without legal authority or justification.

40) ……………………is a term used in English law to denote psychiatric illness or
injury inflicted upon a person by intentional or negligent actions or
omissions of another.

41) Which of the following can be treated as tort?

42) ……………is the tort of initiating a criminal prosecution or civil suit
against another party with malice and without probable cause.

43) A tort occurs where there is breach of a general duty fixed
by……………………

44) Rules of strict liability was laid down in the case of

45) In general, a tort consists of some…………………… done by defendant
whereby he has without a lawful excuse caused some harm to plaintiff.

46) To constitute a tort, there must be: ……………………

47) In tort, the suit is filed by the……………………

48) Damnum means………..

49) …………is an attack on the reputation of a person.

50) ……………is the publication of a defamatory statement in a transient
form, statement of temporary nature such as spoken words, or gestures.

51) Injuria Sine Damn° means…………

52) Mens rea' literally means a……………

53) …………………is any act of the defendant which directly causes the plaintiff
immediately to apprehend a contact with his person.

54) Which of the following Act deals with the liability of the State in England?

55) Which one of the following is NOT regarded to be an objective of the law of
tort?

56) What is meant by the term 'actionable per se'?

57) `Negligence' is: …………

58) `Defamation' is: ……………

59) The main difference between libel and slander is that

60) A tort is …………

61) There are cases where conduct is actionable even though no damage has
been caused. This is known as………………

62) When a person is held liable for the torts committed by another, it is
called……………

63) Any direct application of force to the person without his consent or lawful
justification is a wrong of………………

64) …………is any act of the defendant which directly causes the plaintiff
immediately to a contact with his person. …

65) Rules of ………………refers that if a person bring anything outside and
accumulates on his land, which it escapes may cause damage to his
neighbors’, he does so at his own risk.

66) …………is the unlawful restraint of a person against her will by someone
without legal authority or justification.

67) …………is the tort of initiating a criminal prosecution or civil suit against
another party with malice and without probable cause.

68) …………is a term used in English law to denote psychiatric illness or
injury inflicted upon a person by intentional or negligent actions or
omissions of another .

69) ………is an attack on the reputation of a person.

70) ………is the publication of a defamatory statement in a transient form,
statement of temporary nature such as spoken words, or gestures.

71) The nature of remedy under the law of tort is-

72) Under Law of torts, Exception to the strict is-

73) Which of the following court cases involves a tort?

74) Torts are grounded in the concept of

75) Which of the following is not an element of an intentional tort?

76) What is the essential difference that makes the crime of assault differ from
the tort of assault?

77) What main element differentiates the crime of battery from the tort of battery?

78) Which of the following is an example of trespass?

79) A loud bass beat that can be heard through an apartment wall
(from another apartment) at midnight can be classified as

80) A private nuisance affects only one family.

81) Defamation involves:

82) Why is defamation a tort?

83) A written statement that damages someone’s reputation is not considered
libel if it is never communicated to another person than the person who wrote the
statement. In other words, the person who wrote the statement never showed it to
anyone.

84) Which of the following constitutes slander?

85) Credit bureaus must inform you about the information they have about you
when you ask.

86) If you purchase an item on-line from American Eagle, American Eagle can
keep your credit or debit card information even if you do not want them to keep it
on file.

87) Negligence involves:

88) This tort occurs most often in society.

89) Why is a reasonable person test used to determine breach of duty in a
negligence case?

90) If an injury that occurred as a result of negligence was not foreseeable at
the time the defendant engaged in unreasonable actions, there was no
proximate cause in the tort case. With no proximate cause, negligence will not
hold up in court.

91) Jill ran five miles yesterday, and right before she was done she fell and
cut her arm so badly it required stitches. Today, Carl bumped into Jill in the
office because he was carelessly not watching where he was going as he was
spinning around and around in a hallway. The impact caused Jill’s stitches to
bleed. Jill then sued Carl for negligence, trying to recover the cost of her
doctor’s bill. Jill’s negligence will not hold in court because:

92) Which of the following involves comparative negligence?

93) Which of the following interests is not protected by the law of tort?

94) The law of contract is different from the law of tort in which way?

95) What is the primary function of the law of tort?

96) Article 8 of the European Convention on Human Rights protects which right?

97) The remedies provided by the Human Rights Act 1998 are intended to regulate the activities of whom?

98) Which of the following groups is required by law to be insured?

99) Which of the following is not an objective of the law of tort?

100) Which of the following is the main alternative to tort, for the provision of compensation?

101) The Compensation Act 2006 s 1 has what purpose?

102) Contributory negligence occurs when the claimant has been a cause of the event causing damage. See Law Reform (Contributory Negligence) Ace 1945 s 1(1).

103) In which of the following cases did contributory negligence apply?

104) Which of the following is not required to establish the defence of volenti?

105) lenti is unlikely to apply in the employment situation. True or false?

106) Which case is the odd one out?

107) Why was the defendant held not to be liable in Wooldridge v Sumner?

108) There are various explanations given for the defence of illegality. Which of the following is not one of these explanations?

109) Which of the following cases is the odd one out?

110) Which of the following cases reversed the effect of the decision in Stubbings v Webb?

111) What case laid down the fundamental test for determining duty of care?

112) Which of the following is not a policy factor which may come into the duty of care question?

113) Which of the following cases was representative of a widening of liability in negligence?

114) The Caparo test for duty of care provides that three factors must be taken into account. Which of the following is not included?

115) Which of the following is not a required element in establishing a negligence action?

116) Why did the claimant in Donoghue v Stevenson bring her action in tort instead of contract?

117) Which of the following best describes the main function of 'duty of care' in negligence?

118) Which of the following statements best describes the outcome of Hill v CC West Yorkshire?

119) What is meant by 'incremental' development of the law?

120) Duty of care in that type of situation was not the issue in Palsgraf v Long Island Railroad. What was the issue?

121) Which of the following is not an aspect of the definition of the tort of private nuisance?

122) In order to bring a claim in private nuisance, it is necessary to have a legal interest in land. True or false?

123) Which of the following fulfils the requirement of 'non-natural use' for the purpose of Rylands v Fletcher?

124) Which case below is the odd one out?

125) Which of the following is not an aspect of the decision in Sturges v Bridgman'?

126) Planning permission is never a factor in establishing private nuisance. True or false.

127) Why was there no liability in nuisance in Marcic v Thames Water Utilities'?

128) What type of damage is recoverable under public nuisance but not under private nuisance?

129) In what situation might there be said to be a positive duty to act to prevent a nuisance?

130) Which of the following torts is unlikely to overlap with private nuisance?

131) Wilsons and Clyde Coal v English does not impose liability on the employer in respect of which of the following?

132) The Employers' Liability (Defective Equipment) Act 1969 reverses the effect of Coltman v Bibby Tankers. True or False?

133) The duty of care of the employer is 'non-delegable'. What does this mean?

134) The Court of Appeal in Hatton v Sutherland sets out a number of guidelines to be followed in future similar cases. Which one was not included?

135) Which statute currently provides the framework for workplace safety?

136) In Fytche v Wincanton Logistics the defendant employer was liable for failure to maintain protective equipment in good working order. True or false?

137) Which of the reasons below is not a justification for vicarious liability?

138) Which case is the odd one out?

139) Which is the best and most current test to determine the employment relationship for the purposes of vicarious liability?

140) Which of the following statements is true of the decision in Lister v Hesley Hall?

141) During an argument, Sam pushes Andy onto Ted s land, saying 'I hope he shoots you . Which of the following is true?

142) Which of the following is the most complete description of land for the purposes of trespass to land?

143) What is trespass ab initio?

144) Ted's garden fence is in a state of disrepair. He fails to attend to it and the fence collapses into Heather's garden. Does this amount to trespass on Heather's land?

145) Which of the following is a defence to trespass? Select all that apply.

146) Which of the following amount to trespass? Select all that apply.

147) Which of the following is an example of self-help? Select all that apply.

148) What form of remedy would be most suitable for a claimant who wishes to stop people taking a short cut across his field to reach the train station?

149) Which of the following would amount to a contractual licence to enter land? Select all that apply.

150) What was the issue in Bernstein v Skyways and General Ltd [1977] 2 All ER 902?

151) The tort of deceit is closely connected with which of the following areas of contract law?

152) From the list below identify the statement that best represents what is missing from the test from Derry v Peek. The statement is made knowingly or __________ or reckless as to its truth.

153) Some form of loss must be shown for an action in deceit, which includes which of the following types of loss?
(i) personal injury
(ii) injury to feelings
(iii) property damage
(iv) economic loss

154) Which of the following explanations most accurately represents why the claimant in Kaye v Robertson succeeded in his claim for malicious falsehood?

155) Which of the following is not an element of the tort of malicious falsehood?

156) For an action in passing off to succeed, who must the misrepresentation be made to?

157) From the list below, which most accurately describes why the claimant lost its action for passing off in Cadbury Schweppes Ltd. v Pub Squash Co. Ltd.?

158) Which of the list below most accurately completes the following definition of conspiracy?
In a simple conspiracy, where the act is not _______ in itself, the courts will only accept that the tort has been committed where the clear and major purpose of the combination is to __________.

159) Which of the following are essential elements of the tort of inducing a breach of contract?

160) Which of the following is not a reason for the general lack of liability for omissions in English law?

161) Identify which of the cases below illustrates an omission for which there was held to be no liability.

162) Which of the following is not an exceptional situation in which there may be held to be liability for an omission?

163) Which of the following is one of the reasons for the tendency away from liability in negligence for public bodies?

164) What is meant by the word 'justiciable'?

165) In which of the following situations below do the police have a duty of care in negligence?

166) In which of the following cases were the police held to owe a duty of care?

167) Which of the following is not the basis of liability under the Congenital Disabilities (Civil Liability) Act 1976?

168) In which of the following scenarios is a duty of care least likely to be found?

169) Mitchell v Glasgow CC is an important negligence case. Which of the following statements is accurate in respect of the decision?

170) Which one of the following is NOT an accurate statement in relation to the law of tort?

171) Which of the following statements is true of Froom v Butchert?