SQE Tort Law 3

Question 1

Under the Consumer Protection Act 1987, what type of liability does a producer bear for damage caused by a defective product?

Accepted Answer

Strict liability, without the need for the claimant to prove fault or negligence

Answer

Negligence-based liability requiring proof that the producer knew of the defect

Answer

Liability only where the producer was aware of the defect at the time of supply

Answer

Vicarious liability for the acts of all persons in the supply chain

Question 2

In the tort of passing off, which classic trilogy of requirements was established in Reckitt & Colman Products Ltd v Borden Inc [1990]?

Accepted Answer

Goodwill, misrepresentation, and damage

Answer

Registration, likelihood of confusion, and damage

Answer

Deception, bad faith, and financial loss

Answer

Trademark, similarity, and consumer confusion

Question 3

Which of the following is the correct test for establishing whether conduct amounts to public nuisance under the criminal and civil law?

Accepted Answer

An act or omission that materially affects the reasonable comfort and convenience of life of a class of Her Majesty's subjects

Answer

Any interference with land that affects more than two neighbouring properties simultaneously

Answer

Conduct that amounts to a statutory breach causing measurable harm to the local authority

Answer

An unreasonable interference with the public's use of the highway that results in physical damage

Question 4

When assessing damages for personal injury in tort, the court awards 'general damages' and 'special damages'. Which of the following is correctly classified as special damages?

Accepted Answer

Pre-trial quantifiable financial losses such as lost earnings and medical expenses incurred before trial

Answer

Non-pecuniary losses including pain, suffering and loss of amenity

Answer

Future loss of earnings assessed at the date of trial

Answer

Damages for psychiatric injury arising from the physical injury

Question 5

Under the Employers' Liability (Compulsory Insurance) Act 1969, what obligation does an employer have?

Accepted Answer

To maintain approved insurance covering liability for bodily injury or disease sustained by employees arising out of and in the course of employment

Answer

To provide public liability insurance covering injuries to members of the public on business premises

Answer

To insure all company vehicles used by employees for business purposes

Answer

To maintain product liability insurance for all goods manufactured by the employer

Question 6

Which principle governs an employer's vicarious liability for the torts of an employee and was clarified in Lister v Hesley Hall Ltd [2001]?

Accepted Answer

The close connection test: whether the tort was so closely connected with the employee's employment that it would be fair and just to hold the employer liable

Answer

The but-for test: whether the tort would not have occurred but for the employer's negligence in hiring the employee

Answer

The frolic test: whether the employee was on a frolic of their own entirely unconnected with their duties

Answer

The delegation test: whether the employer had delegated performance of a duty to the employee at the time of the tort

Question 7

In the context of the tort of negligence, what does 'novus actus interveniens' mean and what is its legal effect?

Accepted Answer

A new intervening act by a third party or the claimant that breaks the chain of causation and relieves the original defendant of liability

Answer

A subsequent act by the defendant that increases the claimant's loss and therefore increases the damages payable

Answer

A statutory defence that defeats a claim where the claimant's own conduct was the proximate cause

Answer

A contributory act by the claimant that reduces damages under the 1945 Act