CILEx L3 Tort Law 2

Question 1

What is the legal effect of the defence of volenti non fit injuria if successfully established?

Accepted Answer

The claim is completely defeated

Answer

Damages are reduced by 50%

Answer

The defendant must pay only nominal damages

Answer

The case is referred to mediation

Question 2

Under the Occupiers' Liability Act 1957, to whom does an occupier owe the 'common duty of care'?

Accepted Answer

Visitors — those with express or implied permission to be on the premises

Answer

All persons on the premises

Answer

Trespassers only

Answer

Only persons under a contractual right of entry

Question 3

What does the 'eggshell skull' rule mean in the context of tort law?

Accepted Answer

The defendant must take the claimant as they find them, including pre-existing vulnerabilities

Answer

The defendant is only liable for foreseeable types of injury

Answer

The claimant must prove they had no pre-existing conditions

Answer

Liability is limited to physical injuries only

Question 4

Which of the following is a requirement for a successful claim under Rylands v Fletcher (1868)?

Accepted Answer

There must be a non-natural use of land and an escape of something likely to cause mischief

Answer

The defendant must have acted negligently

Answer

The claimant must have suffered personal injury

Answer

The defendant must have intended to cause harm

Question 5

What type of damages are awarded in tort to compensate the claimant for their actual loss?

Accepted Answer

Compensatory damages

Answer

Nominal damages

Answer

Exemplary damages

Answer

Aggravated damages

Question 6

In employer's liability, what is the effect of an employer's non-delegable duty of care?

Accepted Answer

The employer remains liable even if they delegate the task to a competent contractor

Answer

The employer can transfer the duty to an independent contractor

Answer

The employer is only liable for their own personal negligence

Answer

The duty only applies to employees, not to independent contractors working on site