Tort Law

Tort Law SQE1 Sample Questions | SQE1 – SQE2 Questions and Answers Examples

1-Reasonable adjustments – Employee of solicitors’ firm

A disabled employee at a firm of solicitors has requested that the firm buy some computer software for him to use at work. This software enables a person with the employee’s disability to use a computer more effectively. The partners in the firm want advice on their obligations under the Equality Act 2010 (‘the Act’).

What must the partners in the firm do to meet their obligations under the Act?

Answers:

A. They must make substantial adjustments to ensure that the disabled employee is not placed at a disadvantage compared to those who are not disabled.

B. They must make reasonable adjustments to ensure that the disabled employee is not placed at a substantial disadvantage compared to those who are not disabled.

C. They must make adjustments to ensure that the disabled employee is not placed at a significant disadvantage compared to those who are not disabled.

D. They must make significant adjustments to ensure that the disabled employee is not placed at a disadvantage compared to those who are not disabled.

E. They must make adjustments to ensure that the disabled employee is not placed at an unreasonable disadvantage compared to those who are not disabled.

 

Correct answer:

B. They must make reasonable adjustments to ensure that the disabled employee is not placed at a substantial disadvantage compared to those who are not disabled.

 

2-Farmers’ market – Cause of action in Tort

A man runs a very popular farmers market on a small farm on the edge of a village every Thursday. This results in the village becoming very busy on Thursdays when many of its roads are blocked by parked cars. Because of this, on Thursdays, a woman who runs a business in the village is unable to deliver her goods and she loses trade as a result.

Which cause of action should the woman pursue in tort?

Answers:

A. Private nuisance.

B. Public nuisance.

C. Rylands v Fletcher.

D. Negligence.

E. Trespass to land.

 

Correct answer:

B. Public nuisance.

 

3-Negligence case of a client – additional costs – ethics

A solicitor is dealing with a negligence case for a client. At the outset the solicitor gave a written estimate of likely total costs of £15,000 including counsel’s fees and other disbursements. A few weeks later the solicitor decides that expert evidence is also needed and the cost of this will be an additional £3,000.

Which of the following best explains what the solicitor should do next?

Answers:

A. The solicitor does not need to do anything because the client was informed that it was only an estimate at the outset.

B. The solicitor does not need to do anything because experts’ costs are awarded by the court.

C. The solicitor does not need to do anything because he is not obliged to tell the client about third party costs.

D. The solicitor should write to the client to inform him about the cost of the expert and ask for his instructions because a solicitor must get prior approval for every item of expenditure.

E. The solicitor should write to the client to inform him about the cost of the expert and ask for his instructions because the original estimate is no longer accurate.

 

Correct answer:

E. The solicitor should write to the client to inform him about the cost of the expert and ask for his instructions because the original estimate is no longer accurate.

4-Mountain bike corrosion – injury and claim

A man is using his new mountain bike which is a state of the art product. It has a specially developed metal frame which enhances the bike’s performance over rough terrain. However due to metal corrosion in some of the screws, which was unforeseeable, the handle bar snaps in two when the man is using it. He breaks both wrists.

Which of the following best explains whether the man can recover damages for his injuries under the Consumer Protection Act 1987?

Answers:

A. Yes, because the bike is defective.

B. Yes, because there has been a breach of the duty of care.

C. Yes, because his injuries are not too remote.

D. No, because the injuries were not foreseeable.

E. No, because damages for personal injuries are not awarded under the Consumer Protection Act.

 

Correct answer:

A. Yes, because the bike is defective.

5-Mountain bike corrosion – injury and claim

A man is using his new mountain bike which is a state of the art product. It has a specially developed metal frame which enhances the bike’s performance over rough terrain. However due to metal corrosion in some of the screws, which was unforeseeable, the handle bar snaps in two when the man is using it. He breaks both wrists.

Which of the following best explains whether the man can recover damages for his injuries under the Consumer Protection Act 1987?

Answers:

A. Yes, because the bike is defective.

B. Yes, because there has been a breach of the duty of care.

C. Yes, because his injuries are not too remote.

D. No, because the injuries were not foreseeable.

E. No, because damages for personal injuries are not awarded under the Consumer Protection Act.

Correct answer:

A. Yes, because the bike is defective.

 

6-Damages of £60,000 for professional negligence against surveyor

A claim for damages for professional negligence is settled on terms that the defendant surveyor must pay to the claimant damages of £60,000 together with the claimant’s legal costs, to be assessed on the standard basis. In 2017 the claimant had entered into a written conditional fee agreement with her solicitor which provided for a success fee of 90%. The solicitor has calculated his professional charges at £20,000 before addition of the success fee and VAT.

What sum may the solicitor charge the client for his professional fees, net of VAT?

Answers:

A. £15,000.

B. £18,000.

C. £30,000.

D. £35,000.

E. £38,000.

 

Correct answer:

E. £38,000.

7-Summer camp assault – vicarious liability

A junior employee at a summer camp for young people has been convicted of an assault on a participant in the camp. The victim is suing the camp organisers for damages for psychological trauma on the basis that they are vicariously liable for the actions of the employee.

Which of the following best describes whether vicarious liability will apply?

Answers:

A. Vicarious liability will exist if the employee’s act is sufficiently closely connected to his employment.

B. Vicarious liability cannot apply to criminal behaviour.

C. Vicarious liability will apply only if the assault occurred in working hours.

D. Vicarious liability can only apply to senior employees.

E. Vicarious liability will not apply because the employer obtained no benefit.

 

Correct answer:

A. Vicarious liability will exist if the employee’s act is sufficiently closely connected to his employment.

8-Industrial cleaning acid leak

A company buys drums of an industrial cleaning acid from a woman and stores them in its factory. The drums are not suitable for the storage of the acid and the acid leaks causing damage to the floor of the factory. A company employee sees that damage to the floor is being caused by the leak but fails to move the drums. The drums could have been moved at no cost to the company. The company claims £5,000 which is the cost of the repair to the floor. The woman refuses to pay that amount arguing the damages payable should be lower.

Will the woman succeed in her argument?

Answers:

A. Yes, because the company is under a duty to minimise its losses by moving the drums.

B. Yes, because the company is guilty of contributory negligence by not moving the drums.

C. No, because the woman must compensate the company for all losses flowing from the breach.

D. No, because the woman must compensate the company for all losses that are in the reasonable contemplation of the company.

E. Yes, because there is a break in the chain of causation.

 

Correct answer:

A. Yes, because the company is under a duty to minimise its losses by moving the drums.

9-Roofing company – injury and contributory negligence

A man is employed by a roofing company to repair roofs. The role requires him to wear special gloves in order to protect his hands when he handles roof tiles. Whilst standing on some scaffolding, negligently erected by the roofing company, he falls off, suffers serious injury to his head and brings a claim. He carelessly failed to wear the gloves at the time.

Which of the following best describes whether the company can successfully claim contributory negligence on the part of the roofer?

Answers:

A. The company cannot claim contributory negligence because the roofer’s carelessness did not cause or contribute to the injury.

B. The company cannot claim contributory negligence because the roofer did not owe the company a duty of care.

C. The company can claim contributory negligence because the roofer’s carelessness caused or contributed to the injury.

D. The company can claim contributory negligence because the roofer’s carelessness materially increased the risk of injury.

E. The company can claim contributory negligence because the roofer owed the company a duty of care.

Correct answer:

A. The company cannot claim contributory negligence because the roofer’s carelessness did not cause or contribute to the injury.

10-Witnessing drowning in swimming pool

A man and a woman who had never met each other were at a swimming pool. The man had a lesson from a qualified instructor but due to the negligence of the instructor the man struggled in the deep end of the pool and drowned. The woman saw the entire incident and developed traumatic neurosis as a result.

Can the woman recover damages against the instructor for the traumatic neurosis?

Answers:

A. Yes, because the instructor breached the duty of care he owed to the man and his negligence caused the woman loss.

B. Yes, because the instructor breached the duty of care which he owed to the woman and his negligence caused her loss.

C. Yes, because the woman is suffering from a medically recognised condition.

D. No, because the instructor did not owe the woman a duty of care.

E. No, because the woman’s loss is too remote.

 

Correct answer:

D. No, because the instructor did not owe the woman a duty of care.

11-Car accident – paralysis and pre-existing condition

A driver drives negligently as a result of which he has an accident. A passenger in his car is hurt in the accident. The passenger had a serious pre-existing back condition of which the driver is aware. This condition is exacerbated by the accident and the passenger becomes paralysed.

Which of the following statements best describes whether the passenger can claim damages for his paralysis from the driver?

Amswers:

A. The passenger can claim damages for his paralysis from the driver because the paralysis was in the contemplation of the parties as possible at the time of the accident.

B. The passenger can claim damages for his paralysis from the driver because the driver must take the passenger as he finds him.

C. The passenger cannot claim damages for his paralysis from the driver because it was not reasonably foreseeable that paralysis would result from the accident.

D. The passenger cannot claim damages for his paralysis from the driver because the paralysis did not result from the accident in the normal course of events.

E. The passenger cannot claim damages for his paralysis from the driver because the passenger is partially responsible for the paralysis because of his pre-existing condition.

 

Correct answer:

B. The passenger can claim damages for his paralysis from the driver because the driver must take the passenger as he finds him.

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