CILEx L3 Tort Law

Question 1

In Donoghue v Stevenson [1932], the House of Lords established which fundamental principle of tort law?

Accepted Answer

The neighbour principle forming the basis of the duty of care

Answer

The eggshell skull rule

Answer

The but-for test of causation

Answer

The defence of volenti non fit injuria

Question 2

What three-stage test for establishing a duty of care was set out in Caparo Industries plc v Dickman [1990]?

Accepted Answer

Foreseeability, proximity, and fair just and reasonable to impose a duty

Answer

Causation, remoteness, and damage

Answer

Duty, breach, and loss

Answer

Negligence, nuisance, and trespass

Question 3

What standard of care is applied to determine whether a defendant has breached their duty of care?

Accepted Answer

The standard of the reasonable person

Answer

The standard of an expert in the field

Answer

The standard of the defendant's own capabilities

Answer

The highest possible standard of care

Question 4

What is the 'but-for' test used to establish in negligence?

Accepted Answer

Whether the defendant's breach caused the claimant's damage

Answer

Whether the defendant owed a duty of care

Answer

Whether the damage was too remote

Answer

Whether the defendant acted reasonably

Question 5

The defence of contributory negligence under the Law Reform (Contributory Negligence) Act 1945 has what effect?

Accepted Answer

It reduces the claimant's damages by a percentage reflecting their fault

Answer

It completely bars the claimant's claim

Answer

It transfers liability to a third party

Answer

It requires the claimant to pay the defendant's costs

Question 6

In the tort of private nuisance, who can bring a claim?

Accepted Answer

Only a person with a proprietary interest in the affected land

Answer

Any person affected by the nuisance

Answer

Only the owner of the affected land

Answer

Any person living in the neighbourhood