Monday 29 September 2025
Your weekly SQE Prep Quiz has arrived
Dear Subscriber,
Hope you had a great weekend! Please see below for the question, the answer to the previous question and associated resources. This is the web version of this newsletter.
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This Week’s Question: A supermarket hires staff to manage its petrol station. One evening, a customer asked a staff member for help at the till. The staff member became verbally abusive, then followed the customer outside and physically attacked him. The customer sues the supermarket for damages. The supermarket argues that it should not be liable because the staff member’s actions were a personal frolic of his own, motivated by anger rather than by his work duties. How is the court most likely to decide?
A. The supermarket is not liable, as violent assaults are always outside the scope of employment.
B. The supermarket is liable, because the staff member’s role in interacting with customers created the occasion for the assault.
C. The supermarket is not liable, because the staff member acted from personal hostility and not for the benefit of the employer.
D. The supermarket is liable, but only if it had expressly authorised the use of physical force by its staff.
E. The supermarket is not liable, because employers cannot be sued for the wrongful acts of their employees.
Dig Deeper: Learn more about vicarious liability, by watching this video
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Last Week’s Question: A company brings a claim for breach of contract. At trial, it seeks to rely on a written witness statement from a former employee who has since moved abroad and is unwilling to attend court. The other party objects, arguing that the statement is hearsay and should be excluded. How should the court deal with the company’s attempt to rely on this evidence?
A. The statement must be excluded because hearsay is never admissible in civil proceedings.
B. The statement is admissible, but the company must give notice of intention to rely on hearsay.
C. The statement is admissible without notice, as civil courts cannot exclude relevant evidence.
D. The statement is inadmissible unless the former employee provides live video-link evidence.
E. The statement is admissible only if both parties consent to its use at trial.
✅ Correct Answer: B. The statement is admissible, but the company must give notice of intention to rely on hearsay. Feedback:
- Under the Civil Evidence Act 1995, s.1, hearsay is admissible in civil proceedings.
- However, s.2 of the Act requires a party wishing to rely on hearsay to serve a notice of intention on the other party, giving them an opportunity to challenge weight and reliability.
- Option A is wrong: unlike in criminal cases, hearsay is not automatically excluded in civil litigation.
- Option C is wrong: while civil courts admit hearsay, procedural rules on notice are essential.
- Option D is wrong: live video-link is one option, but not a condition of admissibility.
- Option E is wrong: the admissibility of hearsay does not depend on the opponent’s consent.
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All the best
Dr Ioannis Glinavos
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