Sources of Tort Law: A Comprehensive Guide for Law Students

Question 1

How do academic writings contribute to the evolution of tort law?

Accepted Answer

Provide commentary and analysis of court rulings

Accepted Answer

Introduce novel legal concepts and theories

Accepted Answer

Advocate for legal reforms

Answer

Serve as the primary source of tort law

Question 2

The fundamental principle of negligence liability originates primarily from which legal source?

Accepted Answer

(B) Common law

Answer

(A) Statute

Answer

(C) European Union law

Answer

(D) Judicial precedent

Question 3

Which of the following constitutes a type of trespass to the person?

Accepted Answer

(A) Battery

Answer

(B) Negligence

Answer

(C) Defamation

Answer

(D) Conversion

Question 4

The principle of vicarious liability imposes liability on employers for the torts committed by their:

Accepted Answer

(B) Employees

Answer

(A) Independent contractors

Answer

(C) Agents

Answer

(D) All of the above

Question 5

Which defense to a tort claim suggests that the plaintiff willingly accepted the risk of harm?

Accepted Answer

(B) Volenti non fit injuria

Answer

(A) Contributory negligence

Answer

(C) Illegality

Answer

(D) Statute of limitations

Question 6

For a successful defamation claim, the statement must be:

Accepted Answer

(A) False and defamatory

Answer

(B) True but defamatory

Answer

(C) False but not defamatory

Answer

(D) True and not defamatory

Question 7

How do common law and civil law jurisdictions primarily differ in their approach to developing tort law?

Accepted Answer

Common law relies on precedent, while civil law uses codified laws.

Answer

Common law emphasizes natural law principles, while civil law focuses on positive law principles.

Answer

Common law recognizes only intentional torts, while civil law recognizes only negligent torts.

Answer

Common law exclusively awards compensatory damages, while civil law solely awards punitive damages.

Question 8

Which of the following is NOT a primary source of tort law in the United Kingdom?

Accepted Answer

Equity

Answer

Common law

Answer

Statute

Answer

European Union law

Question 9

Which of the following is an example of a tort established by statute?

Accepted Answer

Negligence

Answer

Assault

Answer

Defamation

Answer

Trespass

Question 10

What is the purpose of the Occupiers' Liability Acts?

Accepted Answer

To define the duties of occupiers towards visitors and trespassers.

Answer

To abolish the common law tort of negligence.

Answer

To establish a strict liability regime for all occupiers.

Answer

To provide a defense to occupiers who take reasonable care.

Question 11

Which of the following is a tort that involves an intentional interference with a person's body?

Accepted Answer

Battery

Answer

False imprisonment

Answer

Defamation

Answer

Malicious prosecution

Question 12

In what way has the European Convention on Human Rights (ECHR) impacted the evolution of tort law in the UK?

Accepted Answer

By guiding the interpretation of existing torts in accordance with ECHR principles

Answer

By introducing new torts not recognized by common law or statute

Answer

By establishing a consistent framework for awarding damages in tort cases

Question 13

Which of the following is not a primary source of tort law in the United Kingdom?

Accepted Answer

Treaties

Answer

Common law

Answer

Statute

Answer

European Union law

Question 14

What is the fundamental principle of liability in most common law torts?

Accepted Answer

Fault

Answer

Strict liability

Answer

Res ipsa loquitur

Answer

Causation

Question 15

How does European Union law impact tort law in the UK?

Accepted Answer

It is indirectly incorporated through domestic legislation.

Answer

It is directly applicable in the UK courts, superseding domestic law.

Answer

It only applies to cases involving cross-border transactions.

Answer

It has no impact on tort law in the UK.

Question 16

What is the role of precedent in the development of common law torts?

Accepted Answer

It creates binding rules that must be followed in subsequent cases.

Answer

It provides guidance but is not legally binding.

Answer

It is only relevant in cases involving identical facts.

Answer

It has no role in the development of tort law.

Question 17

Which of the following is a characteristic of strict liability torts?

Accepted Answer

Liability is imposed regardless of fault.

Answer

The plaintiff must prove negligence.

Answer

Defenses are limited to specific statutory exceptions.

Answer

Causation is the only element that must be proven.

Question 18

What is the significance of the Human Rights Act 1998 in tort law?

Accepted Answer

It incorporates a number of rights into UK law, including the right to a fair trial.

Answer

It creates new tort causes of action.

Answer

It abolishes the common law defense of contributory negligence.

Answer

It has no impact on tort law.

Question 19

What is the relationship between tort law and criminal law?

Accepted Answer

They overlap but serve different purposes.

Answer

They are mutually exclusive.

Answer

Tort law is a subset of criminal law.

Answer

Criminal law is a subset of tort law.

Question 20

Which of the following is NOT a primary source of tort law in the United Kingdom?

Accepted Answer

Treaties

Answer

Common law

Answer

Statute

Answer

Equity

Question 21

Which of the following sources of tort law is considered the most important?

Accepted Answer

Common law

Answer

Statute

Answer

European Union law

Answer

Custom

Question 22

What is the significance of precedent in common law?

Accepted Answer

It establishes binding rules that must be followed in subsequent cases with similar facts

Answer

It provides guidance for judges but is not binding

Answer

It is only applicable to cases that involve identical facts and legal issues

Answer

It is created solely by the highest courts in the land

Question 23

How does European Union law influence tort law in the United Kingdom?

Accepted Answer

It provides general principles that can be applied in tort cases.

Answer

It creates new torts that are directly enforceable in national courts.

Answer

It has no impact on tort law.

Answer

It takes precedence over all national tort law.

Question 24

Which of the following torts protects an individual's reputation from false and damaging statements?

Accepted Answer

Defamation

Answer

Negligence

Answer

Battery

Answer

False imprisonment

Question 25

What is the fundamental distinction between a tort and a crime?

Accepted Answer

Torts are civil wrongs against individuals, while crimes are public wrongs against the state.

Answer

Torts are always intentional acts, whereas crimes can be either intentional or unintentional.

Answer

Torts require a higher burden of proof compared to crimes.

Answer

Torts always result in imprisonment, unlike crimes which have varying punishments.

Question 26

Which of the following is not considered a primary source of tort law in the United Kingdom?

Accepted Answer

Academic writings

Answer

Common law

Answer

Statute law

Answer

European Union law

Question 27

The fundamental concept of negligence involves demonstrating:

Accepted Answer

Breach of a legal duty

Answer

Intentional conduct

Answer

Contributory fault

Answer

Unavoidable harm

Question 28

International influences, such as the European Convention on Human Rights, have had a notable impact on the evolution of:

Accepted Answer

Privacy law

Answer

Contract law

Answer

Criminal law

Answer

Property law

Question 29

A key distinction between common law and statute law in the context of tort is:

Accepted Answer

Origination through judges versus Parliament

Answer

Flexibility versus rigidity

Answer

Scope of application

Answer

Reliance on precedent

Question 30

Intentional infliction of harmful or offensive physical contact on another person constitutes:

Accepted Answer

Battery

Answer

Trespass to the person

Answer

Assault

Answer

Libel

Question 31

The responsibility of presenting evidence to support one's claim or defense in tort law typically falls upon:

Accepted Answer

The plaintiff

Answer

The defendant

Answer

The judge

Answer

The jury

Question 32

Globalization and technological advancements are reshaping tort law. Discuss the challenges and opportunities these trends present for the sources and application of tort principles.

Accepted Answer

Globalization and technological advancements present both challenges and opportunities for tort law, necessitating the creation of new principles and the adaptation of existing ones.

Answer

Globalization and technological advancements have no impact on tort law.

Answer

Globalization and technological advancements only pose challenges for tort law.

Answer

Globalization and technological advancements only provide opportunities for tort law.

Question 33

Which of the following is the highest appellate court in the UK for tort cases?

Accepted Answer

Supreme Court

Answer

Court of Appeal

Answer

High Court

Answer

Magistrates' Court

Question 34

Which of the following is an example of a landmark case that established a new tort through common law?

Accepted Answer

Donoghue v Stevenson

Answer

R v Brown

Answer

Marbury v Madison

Answer

Roe v Wade

Question 35

Which of the following is considered a foundational source of tort law in the United Kingdom?

Accepted Answer

Common law

Answer

Legal textbooks

Answer

Academic journals

Answer

Government regulations

Question 36

Which specific statutory tort offers legal remedy for intentional or negligent damage to property?

Accepted Answer

Trespass to land

Answer

Wrongful death

Answer

Defamation

Answer

Negligence

Question 37

How has the European Union (EU) impacted the development of tort law in the United Kingdom?

Accepted Answer

By enacting directives that set minimum standards for civil liability.

Answer

By abolishing the doctrine of precedent.

Answer

By establishing a new tort of breach of EU law.

Question 38

What is the purpose of the Occupiers' Liability Act 1957?

Accepted Answer

To impose a duty of care on occupiers of premises towards visitors and trespassers.

Answer

To provide a statutory remedy for breach of contract.

Answer

To abolish the common law rule of caveat emptor.

Question 39

Which of the following is a fundamental distinction between strict liability torts and intentional torts?

Accepted Answer

Strict liability torts do not require proof of fault.

Answer

Strict liability torts are typically punished more severely.

Answer

Intentional torts always involve physical harm.

Question 40

What role does the Human Rights Act 1998 play in relation to tort law?

Accepted Answer

It permits claimants to initiate actions based on violations of the European Convention on Human Rights.

Answer

It replaced the common law tort of negligence.

Answer

It is only applicable to cases involving public authorities.

Question 41

Which of the following offers the most accurate definition of a 'tort'?

Accepted Answer

A civil wrong that gives rise to a legal remedy.

Answer

A criminal offense punishable by imprisonment.

Answer

A breach of contract.

Answer

A violation of statutory duty.