Tort law MCQ practice Qs
What must the claimant prove to succeed in a claim of assault? - Answer-That the defendant reasonably
believed that the defendant was about to use physical violence
What essential to a successful claim of battery - Answer-Physical injury - however slight
In a negligence case why is it important to know whether the defendant has a duty of care to the
claimant? - Answer-If there is no duty of care the claimant has to prove damage
One afternoon a 9 year old girl decided to walk home from her state funded primary school alone as her
parent was not present to meet her at the end of the school day. The teacher responsible for
supervising pupils leaving the school was aware that she only lived a 5 minute walk away from the
school and so did not prevent her from leaving the school premises. When the girl was almost home a
car hit her and she broke her leg.
Did the school owe a duty of care to the girl in this situation? - Answer-Yes because the school had
assumed responsibility for the girl as she was a pupil
An 80 year old learner driver was driving his friend to a resturant. On the way to the restaurant, a
motorbike pulled out in-front of the drivers car, leading to an accident in which the drivers friend was
injured. A contributing factor to the car driver failure to to react in time was that the driver was
experiencing blurred vision caused by a long-term heart condition. Although he was aware of his
condition and usually managed it well, this morning he had forgotten to take his medication.
What is the standard of care that the driver will be judged by in this situation? - Answer-The standard of
a reasonable qualified driver
The owner of a fairground failed to maintain the one of their rides properly, this resulted in the restrain
system which keeps passengers in their seats, developing a fault. One day as the rollercoaster set off a
woman fell out of her seat due to the faulty restraint system and onto the track, breaking her leg.
Unknown to the fairground the woman had a pre-existing medical condition which caused her bones to
What must the claimant prove to succeed in a claim of assault? - Answer-That the defendant reasonably
believed that the defendant was about to use physical violence
What essential to a successful claim of battery - Answer-Physical injury - however slight
In a negligence case why is it important to know whether the defendant has a duty of care to the
claimant? - Answer-If there is no duty of care the claimant has to prove damage
One afternoon a 9 year old girl decided to walk home from her state funded primary school alone as her
parent was not present to meet her at the end of the school day. The teacher responsible for
supervising pupils leaving the school was aware that she only lived a 5 minute walk away from the
school and so did not prevent her from leaving the school premises. When the girl was almost home a
car hit her and she broke her leg.
Did the school owe a duty of care to the girl in this situation? - Answer-Yes because the school had
assumed responsibility for the girl as she was a pupil
An 80 year old learner driver was driving his friend to a resturant. On the way to the restaurant, a
motorbike pulled out in-front of the drivers car, leading to an accident in which the drivers friend was
injured. A contributing factor to the car driver failure to to react in time was that the driver was
experiencing blurred vision caused by a long-term heart condition. Although he was aware of his
condition and usually managed it well, this morning he had forgotten to take his medication.
What is the standard of care that the driver will be judged by in this situation? - Answer-The standard of
a reasonable qualified driver
The owner of a fairground failed to maintain the one of their rides properly, this resulted in the restrain
system which keeps passengers in their seats, developing a fault. One day as the rollercoaster set off a
woman fell out of her seat due to the faulty restraint system and onto the track, breaking her leg.
Unknown to the fairground the woman had a pre-existing medical condition which caused her bones to
