CILEx L3 Tort Law — Questions and Answers
Question 1: In Donoghue v Stevenson [1932], the House of Lords established which fundamental principle of tort law?
- The eggshell skull rule
- The neighbour principle forming the basis of the duty of care (Correct answer)
- The but-for test of causation
- The defence of volenti non fit injuria
Correct answer: The neighbour principle forming the basis of the duty of care
Lord Atkin's 'neighbour principle' in Donoghue v Stevenson established that a person owes a duty of care to those who are so closely and directly affected by their acts that they ought reasonably to have them in contemplation. This case, involving a decomposed snail in a bottle of ginger beer, became the foundation of the modern law of negligence.
Question 2: What three-stage test for establishing a duty of care was set out in Caparo Industries plc v Dickman [1990]?
- Foreseeability, proximity, and fair just and reasonable to impose a duty (Correct answer)
- Causation, remoteness, and damage
- Duty, breach, and loss
- Negligence, nuisance, and trespass
Correct answer: Foreseeability, proximity, and fair just and reasonable to impose a duty
The Caparo test requires: (1) the damage must be reasonably foreseeable; (2) there must be sufficient proximity between the parties; and (3) it must be fair, just, and reasonable to impose a duty. This three-stage test replaced the broader two-stage Anns test and remains the primary test for establishing novel duty of care situations in English law.
Question 3: What standard of care is applied to determine whether a defendant has breached their duty of care?
- The standard of an expert in the field
- The standard of the reasonable person (Correct answer)
- The standard of the defendant's own capabilities
- The highest possible standard of care
Correct answer: The standard of the reasonable person
The objective standard of the 'reasonable person' (formerly 'reasonable man') is used to assess breach. The court asks what a reasonable person in the defendant's position would have done. Relevant factors include the likelihood of harm (Bolton v Stone), the severity of potential injury (Paris v Stepney BC), the cost of precautions (Latimer v AEC), and the social utility of the activity (Watt v Hertfordshire CC).
Question 4: What is the 'but-for' test used to establish in negligence?
- Whether the defendant owed a duty of care
- Whether the defendant's breach caused the claimant's damage (Correct answer)
- Whether the damage was too remote
- Whether the defendant acted reasonably
Correct answer: Whether the defendant's breach caused the claimant's damage
The 'but-for' test establishes factual causation: but for the defendant's breach, would the claimant have suffered the damage? If the damage would have occurred regardless of the breach, causation is not established. This was applied in Barnett v Chelsea and Kensington Hospital [1969], where the patient would have died even with proper treatment.
Question 5: The defence of contributory negligence under the Law Reform (Contributory Negligence) Act 1945 has what effect?
- It completely bars the claimant's claim
- It reduces the claimant's damages by a percentage reflecting their fault (Correct answer)
- It transfers liability to a third party
- It requires the claimant to pay the defendant's costs
Correct answer: It reduces the claimant's damages by a percentage reflecting their fault
Under the 1945 Act, where the claimant's own negligence has contributed to their damage, the court reduces the damages by the proportion it considers just and equitable having regard to the claimant's share of responsibility. For example, a claimant found 25% at fault would recover only 75% of their damages. Before the Act, contributory negligence was a complete defence.
Question 6: In the tort of private nuisance, who can bring a claim?
- Any person affected by the nuisance
- Only a person with a proprietary interest in the affected land (Correct answer)
- Only the owner of the affected land
- Any person living in the neighbourhood
Correct answer: Only a person with a proprietary interest in the affected land
Following Hunter v Canary Wharf Ltd [1997], only a person with a proprietary interest in the land (such as an owner or tenant with exclusive possession) can sue in private nuisance. A mere licensee or family member without such an interest cannot bring a claim, even if they are directly affected by the nuisance.
CILEx L3 Tort Law
In Donoghue v Stevenson [1932], the House of Lords established which fundamental principle of tort law?