Which of the following is not a test used to determine whether someone is an employee?

1.   ?    Control test
2.   ?    Integration test
3.   ?    Workers test
4.   ?    Organisation test

Which of the following conduct will not be considered in the course of employment?

1.   ?    Acts to protect the employer’s property
2.   ?    Carelessness in executing their duties
3.   ?    Improperly carrying out an authorised task
4.   ?    An independent act

Which of the following is not a factor likely to be given weight in the ‘multiple’ test for determining employee status?

1.   ?    Paying of tax
2.   ?    Scheduling of work
3.   ?    Ownership of tools
4.   ?    Hours of work

Which of the following is not true?

1.   ?    If found to be vicariously liable, the employer can sue the employee responsible
2.   ?    The employer can be primarily liable for the torts of independent contractors
3.   ?    The employer will not be liable for torts committed by an employee whenon a ‘frolic of his own’
4.   ?    An employment contract is otherwise known as a contract for services

In Poland v Carr, the court held that any act of an employee in protecting the property of an employer will render the employer vicariously liable.

1.   ?    True
2.   ?    False

Which of the following is the correct definition of a private nuisance?

1.   ?    An indirect unlawful interference with another person’s land or the use and enjoyment of their land
2.   ?    An act which materially affects the reasonable comfort and convenience of people as a whole
3.   ?    The intentional interference with goods belonging to another.
4.   ?    None of these.

The rule in Rylands v Fletcher (1866) is that a person is strictly liable for anything he brings onto his land which escapes and causes harm in respect of a type of loss which is reasonably foreseeable.

1.   ?    True
2.   ?    False

Which of the following is a not a defence to an action in private nuisance?

1.   ?    Reasonableness
2.   ?    Consent of the claimant
3.   ?    Statutory authority
4.   ?    Prescription

Which of the following is not a correct proposition in connection with occupiers’ liability?

1.   ?    An occupier of premises owes a duty of care to lawful visitors to the premises.
2.   ?    An occupier of premises does not owe a duty of care towards non-lawful visitors to the premises
3.   ?    The Unfair Contract Terms Act 1977 applies to notices used by an occupier of premises
4.   ?    The duty placed on occupiers is take reasonable care in all the circumstances

The Trade Marks Act 1994 provides that a claimant can bring an action in the tort of passing off?

1.   ?    False
2.   ?    True