SQE Tort Law

Question 1

In negligence, which of the following correctly states the three-part test established in Caparo Industries plc v Dickman [1990]?

Accepted Answer

Foreseeability of damage, proximity between the parties, and it is fair, just and reasonable to impose a duty

Answer

Intentional act, causation, and resulting harm to the claimant

Answer

Breach of statutory duty, damage, and causation

Answer

Reasonable reliance, assumption of responsibility, and economic loss

Question 2

A defendant owes a claimant a duty of care. The claimant suffers a broken leg after the defendant's negligent driving. Which 'but for' test formulation from Barnett v Chelsea & Kensington Hospital [1969] best describes causation?

Accepted Answer

The damage would not have occurred but for the defendant's breach of duty

Answer

The defendant's act was the last act in the chain of causation

Answer

The defendant's breach was a substantial cause of the damage

Answer

The damage was within the reasonable contemplation of the defendant

Question 3

Which case established that an employer owes a non-delegable duty of care to employees that cannot be discharged by entrusting safety to an independent contractor?

Accepted Answer

Wilsons & Clyde Coal Co v English [1938]

Answer

Lister v Hesley Hall Ltd [2001]

Answer

Alcock v Chief Constable of South Yorkshire [1992]

Answer

Paris v Stepney Borough Council [1951]

Question 4

Under the Occupiers' Liability Act 1957, what standard of care does an occupier owe to lawful visitors?

Accepted Answer

The common duty of care: to take such care as is reasonable in the circumstances to keep visitors safe

Answer

A strict liability standard regardless of the precautions taken

Answer

The same duty as owed to trespassers under the 1984 Act

Answer

A duty to warn of all risks on the premises, however minor

Question 5

In the tort of private nuisance, which element must the claimant establish regarding their interest in land?

Accepted Answer

The claimant must have a proprietary or exclusive possessory interest in the affected land

Answer

The claimant must be a mere licensee with permission to use the land

Answer

The claimant need only show they were physically present on the land at the time

Answer

The claimant must own the freehold title to the property

Question 6

Which principle from Rylands v Fletcher (1868) imposes strict liability on a defendant?

Accepted Answer

A person who brings onto land something likely to do mischief if it escapes must keep it at their peril

Answer

Any interference with a neighbour's land gives rise to automatic liability

Answer

An occupier is strictly liable for all acts of independent contractors on their land

Answer

Strict liability arises whenever a non-natural use of land causes foreseeable harm

Question 7

The defence of volenti non fit injuria (consent) in tort requires which of the following?

Accepted Answer

The claimant must have voluntarily agreed to accept both the physical and legal risk of the defendant's negligence

Answer

The claimant merely knew of the risk without taking any formal precautions

Answer

The defendant must have obtained the claimant's written consent before the tortious act

Answer

The claimant's contributory negligence must have exceeded 50%