Limitations on Remedies in Tort Law: Master Your Understanding

Question 1

A plaintiff successfully sues a defendant for negligence, winning a judgment for £10,000 in damages. They later discover the defendant's insurance policy only covers £5,000. Can the plaintiff sue the defendant again for the remaining £5,000?

Accepted Answer

No, the plaintiff cannot sue again due to the rule against double recovery.

Answer

Yes, the plaintiff can sue again because the defendant's negligence caused the full £10,000 in damages.

Answer

Yes, the plaintiff can sue again because the insurance policy limits the defendant's liability.

Question 2

A car accident occurs on January 1, 2023. The victim, unaware of the full extent of their injuries, files a negligence lawsuit on December 31, 2024. The UK's statute of limitations for negligence claims is 3 years. What is the most likely outcome?

Accepted Answer

The claim is likely to be time-barred, as it was filed after the statute of limitations expired.

Answer

The claim is likely to be successful because the victim was unaware of their full injuries.

Answer

The claim is likely to be successful, as the statute of limitations only applies to the accident date.

Question 3

Which of these is NOT a factor that could potentially extend the limitation period for a tort claim?

Accepted Answer

The defendant's lack of financial resources.

Answer

The plaintiff's disability.

Answer

The plaintiff's ignorance of their legal rights.

Question 4

A plaintiff sues a defendant for negligence, claiming their actions caused injuries. The plaintiff seeks compensation for lost wages, medical expenses, and pain and suffering. The defendant argues the plaintiff's own actions contributed to the accident. Which doctrine is most likely to be raised?

Accepted Answer

Contributory negligence

Answer

Strict liability

Answer

Vicarious liability

Answer

Remoteness of damage

Question 5

A plaintiff wins a breach of contract lawsuit against a defendant, receiving a £10,000 judgment. They then sue the same defendant for negligence related to the same incident, seeking additional damages. What is the most likely outcome of the negligence claim?

Accepted Answer

The negligence claim is likely to be barred due to the rule against double recovery.

Answer

The negligence claim is likely to be successful because the two claims are based on different legal principles.

Answer

The negligence claim is likely to be successful, as the plaintiff can claim for both contract and tort damages.

Question 6

A construction worker is severely injured on a building site. Their employer is found liable for negligence, but the worker's damages are limited by the employer's insurance policy. Which legal doctrine is most relevant?

Accepted Answer

The limitation of liability clause in the insurance policy.

Answer

Contributory negligence

Answer

The rule against double recovery

Question 7

A plaintiff sues a defendant for defamation, seeking damages for harm to reputation and emotional distress. The defendant argues the claim is time-barred by the statute of limitations. Which factor is LEAST likely to be relevant in determining if the claim is time-barred?

Accepted Answer

The severity of the emotional distress suffered by the plaintiff.

Answer

The plaintiff's awareness of the defamatory statement.

Answer

The date of the defamatory statement.

Question 8

A plaintiff suffers a workplace injury due to their employer's negligence. They file a claim for damages but settle for a smaller amount. Which is NOT a potential reason for the plaintiff settling for less?

Accepted Answer

The plaintiff's desire to punish the defendant for their negligence.

Answer

The cost of litigation.

Answer

The risk and uncertainty of going to trial.

Question 9

A plaintiff suffers a car accident caused by the defendant's negligence. Their claim for damages is reduced by 25% due to their own negligence in contributing to the accident. This is an example of which doctrine?

Accepted Answer

Contributory negligence

Answer

Remoteness of damage

Answer

Vicarious liability

Question 10

A plaintiff successfully sues a defendant in negligence for injuries sustained in a car accident. The defendant's insurer has already compensated the plaintiff for the same injuries under the plaintiff's own insurance policy. Which doctrine prevents the plaintiff from recovering twice for the same harm?

Accepted Answer

Rule against double recovery

Answer

Statute of limitations

Answer

Vicarious liability

Answer

Mitigation of damages

Question 11

In which of the following situations would the defence of contributory negligence be MOST likely to succeed?

Accepted Answer

A pedestrian crosses the road against a red light and is hit by a speeding car.

Answer

A factory worker is injured due to faulty machinery, despite having reported the fault to their employer.

Answer

A passenger is injured in a car accident caused solely by the driver's negligence.

Question 12

What is the primary purpose of the Limitation Act 1980?

Accepted Answer

To define time limits for initiating legal proceedings in tort cases

Answer

To determine the appropriate measure of damages in tort

Answer

To establish the burden of proof in negligence claims

Question 13

Which of the following is a recognised exception to the general rule against recovery for pure economic loss in negligence?

Accepted Answer

The Hedley Byrne principle based on negligent misstatement

Answer

Emotional distress caused by witnessing an accident

Answer

Loss arising from damage to property owned by a third party

Question 14

A claimant suffers personal injury and property damage due to the defendant's negligence. The defendant's liability for the personal injury is admitted, but the claim for property damage is disputed. Which of the following statements is MOST accurate in relation to the Limitation Act 1980?

Accepted Answer

Separate limitation periods may apply to the claim for personal injury and the claim for property damage.

Answer

The limitation period for both claims starts running from the date the defendant’s liability for personal injury was admitted.

Question 15

The principle of mitigation of damages requires the claimant to:

Accepted Answer

Take reasonable steps to minimise their losses

Answer

Accept the defendant's first offer of settlement

Answer

Prove the defendant's breach of duty caused their losses

Answer

Establish the foreseeability of their losses

Question 16

Which of the following is NOT a factor considered by courts when determining the reasonableness of a claimant's mitigation efforts?

Accepted Answer

The claimant's subjective beliefs about the defendant's conduct

Answer

The general practices and standards within the relevant industry

Answer

The cost and practicality of the mitigation measures available

Question 17

In cases of latent damage, when does the limitation period generally begin to run under the Limitation Act 1980?

Accepted Answer

When the claimant knew or ought to have known about the damage

Answer

When the defendant's negligent act or omission occurred

Answer

When the damage first becomes reasonably foreseeable

Question 18

Which statement best describes the relationship between the rule against double recovery and the concept of collateral benefits?

Accepted Answer

The rule against double recovery prevents a claimant from recovering twice for the same loss, while collateral benefits are considered separate and generally do not affect the amount of damages awarded.

Answer

Collateral benefits are an exception to the rule against double recovery, allowing claimants to recover twice for the same loss in specific circumstances.

Question 19

The rule against double recovery prevents a claimant from:

Accepted Answer

Receiving multiple compensations for the same injury

Answer

Suing multiple defendants for the same injury

Answer

Filing multiple claims for the same injury

Question 20

Which of the following is a key factor in determining the start date of the limitation period in tort law?

Accepted Answer

Date of injury

Answer

Date of filing the claim

Answer

Date of last contact with the defendant

Answer

Date of discovery of injury

Question 21

Which of the following is a potential consequence of failing to comply with the statute of limitations?

Accepted Answer

Dismissal of the claim

Answer

Imposition of punitive damages

Answer

Reduction of damages

Answer

Extension of the limitation period

Question 22

The principle of causation requires a claimant to prove:

Accepted Answer

That the defendant's actions caused their injury

Answer

That the defendant intended to cause harm

Answer

That the defendant was negligent

Answer

That the injury was foreseeable

Question 23

The doctrine of remoteness of damage seeks to limit a defendant's liability for:

Accepted Answer

Unforeseeable consequences of their actions

Answer

Intentional harm

Answer

Vicarious liability

Answer

Negligent conduct

Question 24

The purpose of the vicarious liability doctrine is to:

Accepted Answer

Hold employers liable for the wrongful acts of their employees

Answer

Prevent employees from suing their employers

Answer

Limit the liability of defendants in tort cases