CILEx L3 Tort Law Basics

Question 1

What is a 'tort'?

Accepted Answer

A civil wrong that gives rise to liability, typically compensated by damages

Answer

A criminal offence involving violence

Answer

A breach of a contractual obligation

Answer

A wrong committed by a public body

Question 2

What are the three elements of the tort of negligence established in Donoghue v Stevenson [1932]?

Accepted Answer

Duty of care, breach of that duty, and damage caused by the breach

Answer

Intention, act, and harm

Answer

Foreseeability, proximity, and fairness

Answer

Carelessness, injury, and knowledge

Question 3

What is the 'neighbour principle' from Donoghue v Stevenson?

Accepted Answer

You must take reasonable care to avoid acts or omissions that you can reasonably foresee would injure your neighbour

Answer

You owe duties only to people living near you

Answer

You must warn neighbours of any risks on your property

Answer

Neighbours must settle disputes without going to court

Question 4

What test is used to determine breach of duty of care?

Accepted Answer

The objective standard of the reasonable person

Answer

The subjective standard of the particular defendant

Answer

What a law professor would consider reasonable

Answer

What the claimant expected of the defendant

Question 5

What does 'res ipsa loquitur' mean in negligence?

Accepted Answer

The thing speaks for itself — negligence is inferred from the facts without specific proof

Answer

The defendant must disprove negligence

Answer

The claimant automatically wins when injured on another's premises

Answer

Contributory negligence is irrelevant

Question 6

What is 'contributory negligence'?

Accepted Answer

Where the claimant's own negligence contributed to their damage, reducing their damages award

Answer

Where multiple defendants share liability

Answer

Where the claimant was partly responsible for causing the accident to occur

Answer

Where the defendant was negligent but the claimant assumed the risk