CILEx L3 Tort Law Basics 3 — Questions and Answers
Question 1: What is the rule in Rylands v Fletcher [1868]?
- A person who brings onto their land something likely to do mischief if it escapes is strictly liable for damage caused (Correct answer)
- A landowner is negligent if they fail to prevent escapes from their land
- Strict liability applies to all activities on land
- Liability only arises if the escape was foreseeable
Correct answer: A person who brings onto their land something likely to do mischief if it escapes is strictly liable for damage caused
The rule in Rylands v Fletcher imposes strict liability on a person who brings onto their land something non-natural that is likely to cause mischief if it escapes, causing damage to another's land or interests.
Question 2: What is the tort of 'trespass to the person'?
- A direct, intentional interference with another person's body, including assault and battery (Correct answer)
- Any contact with another person without permission
- Threatening language that causes fear
- Interference with another person's property
Correct answer: A direct, intentional interference with another person's body, including assault and battery
Trespass to the person includes assault (causing apprehension of immediate unlawful force), battery (direct application of unlawful force), and false imprisonment (unlawful restraint of liberty).
Question 3: What is 'defamation'?
- Publication of a false statement of fact that lowers the claimant in the estimation of right-thinking people (Correct answer)
- Any criticism of another person
- Publishing private information about someone
- Making a complaint about a business
Correct answer: Publication of a false statement of fact that lowers the claimant in the estimation of right-thinking people
Defamation under the Defamation Act 2013 involves publishing a false statement of fact about the claimant that causes or is likely to cause serious harm to their reputation. It includes libel (written) and slander (spoken).
Question 4: What is the 'occupier's liability' under the Occupiers' Liability Act 1957?
- An occupier owes a common duty of care to all lawful visitors (Correct answer)
- An occupier is strictly liable for all injuries on their premises
- An occupier owes no duty to trespassers
- An occupier is only liable for injuries caused by defects in the building structure
Correct answer: An occupier owes a common duty of care to all lawful visitors
The Occupiers' Liability Act 1957 imposes a 'common duty of care' on occupiers to take reasonable care to ensure that lawful visitors are reasonably safe in using the premises for the purposes they were invited.
Question 5: What duty does an occupier owe to trespassers under the Occupiers' Liability Act 1984?
- A duty to take reasonable care to avoid causing injury to trespassers where the risk was known or foreseeable (Correct answer)
- No duty whatsoever to trespassers
- The same duty as to lawful visitors
- A duty to warn trespassers of all risks on the premises
Correct answer: A duty to take reasonable care to avoid causing injury to trespassers where the risk was known or foreseeable
The Occupiers' Liability Act 1984 imposes a limited duty on occupiers to trespassers where the occupier knows of the danger, knows or believes a trespasser may be near it, and the risk is one against which reasonable care should be taken.
Question 6: What is 'vicarious liability'?
- Liability imposed on an employer for torts committed by their employee in the course of employment (Correct answer)
- Liability for harm caused by a third party
- A form of strict liability for ultra-hazardous activities
- Liability for encouraging another to commit a tort
Correct answer: Liability imposed on an employer for torts committed by their employee in the course of employment
Vicarious liability makes an employer liable for torts committed by their employees in the course of their employment, even if the employer was not personally at fault. It requires an employment relationship and an act in the course of employment.
CILEx L3 Tort Law Basics 3
What is the rule in Rylands v Fletcher [1868]?