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 tort is a civil wrong (other than breach of contract) that causes loss to another, for which the law provides a remedy, usually damages. Examples include negligence, nuisance, and defamation.

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

Lord Atkin in Donoghue v Stevenson established that negligence requires: (1) a duty of care owed to the claimant, (2) breach of that duty, and (3) damage caused by the breach.

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

Lord Atkin's neighbour principle states that a duty of care is owed to those persons so closely and directly affected by your acts that you ought reasonably to have them in contemplation when directing your mind to the acts in question.

Question 4

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

Accepted Answer

The objective standard of the reasonable person

Answer

Breach of duty is assessed objectively against the standard of the reasonable person (or reasonable professional where the defendant holds themselves out as having special skills) — not against the defendant's subjective beliefs.

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

Res ipsa loquitur ('the thing speaks for itself') allows a court to infer negligence from the circumstances of an accident where it would not have occurred without negligence and the defendant was in control of the situation.

CILEx Level 3 Practice Test

CILEx Level 3 Practice Test

CILEx L3 Tort Law Basics