SQE1 (Solicitors Qualifying Examination) · Tort law

Vicarious liability, nuisance and defences

12 practice questions, each with the answer and an explanation.

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Random questions from this topic, one at a time. You see the answer and the explanation straight after each one.

All 12 questions

  1. An employee delivering parcels negligently injures a pedestrian while on his round. The pedestrian sues his employer. On what basis might the employer be liable?
  2. A nightclub bouncer, after an argument with a customer about entry, follows him into the car park and assaults him. Applying the close connection test, is the nightclub's operator likely to be vicario…
  3. A lecturer hires a freelance contractor to deliver talks for the university. The contractor makes a negligent remark. Which of the following is generally not a basis for vicarious liability?
  4. A company runs a noisy factory. A neighbour who rents a room on a weekly basis from the owner of an adjoining house complains of private nuisance. Who can sue under Hunter v Canary Wharf?
  5. A farmer's piggery produces a smell that makes a neighbour's garden unusable. Which factor is NOT relevant to deciding whether the interference is unreasonable in private nuisance?
  6. Under Rylands v Fletcher, which element must a claimant show?
  7. Under the Defamation Act 2013, a claimant in defamation must show a statement caused or is likely to cause what?
  8. Which is a defence to defamation under the Defamation Act 2013?
  9. Ed is injured by a colleague's carelessness while he himself was not wearing a safety harness as instructed. A court finds his injuries would have been 30 percent less severe had he worn it. How are h…
  10. Which statement describes the defence of volenti non fit injuria?
  11. A product that is defective injures a consumer. Under the Consumer Protection Act 1987, who is primarily liable regardless of fault?
  12. A tort defendant's wrongdoing and a second tortfeasor's wrongdoing together cause the same damage. Within what time must a contribution claim be brought under the Limitation Act 1980?

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