CILEx L6 Tort Law 2

Question 1

Under the Occupiers' Liability Act 1957, section 2(2), the 'common duty of care' owed to lawful visitors requires the occupier to:

Accepted Answer

Take such care as in all the circumstances is reasonable to see that visitors will be reasonably safe in using the premises

Answer

Guarantee the absolute safety of all visitors at all times

Answer

Warn all visitors of every known hazard on the premises before entry

Answer

Ensure the premises comply with all applicable health and safety legislation at all times

Question 2

Under the Occupiers' Liability Act 1984, section 1(3), a duty to trespassers arises only when:

Accepted Answer

The occupier is aware of the danger, has reasonable grounds to believe trespassers may come near it, and the risk is one against which it is reasonable to offer protection

Answer

The trespasser is a child, the danger is concealed, and the occupier created the hazard

Answer

The occupier explicitly invited the trespasser onto the land before the relevant risk materialised

Answer

The trespasser suffers personal injury rather than mere property damage on the premises

Question 3

In Hollywood Silver Fox Farm v Emmett [1936], the defendant fired guns near the claimant's fox farm out of spite, causing the foxes to miscarry. The court held:

Accepted Answer

Malice can convert what would otherwise be a lawful act into an actionable private nuisance

Answer

The act was lawful on the defendant's own land and therefore could not constitute a nuisance

Answer

The claimant was entitled to an injunction but not damages because the harm was not foreseeable

Answer

Malice automatically entitles the claimant to exemplary damages in addition to compensation

Question 4

In Transco plc v Stockport MBC [2003], the House of Lords confirmed that the 'non-natural use' requirement in Rylands v Fletcher means:

Accepted Answer

A special use bringing with it increased danger to others, beyond ordinary use of land

Answer

Any use of land that has not been approved by planning permission

Answer

Use of the land for industrial or commercial purposes rather than residential purposes

Answer

Any accumulation of water or other liquid substance on private land

Question 5

Section 1 of the Defamation Act 2013 introduced a 'serious harm' threshold. This requires that:

Accepted Answer

A statement is not defamatory unless it has caused or is likely to cause serious harm to the claimant's reputation

Answer

The claimant must prove identifiable financial loss caused directly by the defamatory statement

Answer

The court must refer the complaint to a media regulator before hearing the defamation claim

Answer

The defendant's statement must have been published to a substantial and influential audience

Question 6

The statutory defence of 'publication on a matter of public interest' under section 4 of the Defamation Act 2013 replaced which earlier defence?

Accepted Answer

The Reynolds privilege for responsible journalism in the public interest

Answer

The common law defence of fair comment

Answer

The common law defence of absolute privilege

Answer

The common law defence of justification

Question 7

The defence of volenti non fit injuria differs from contributory negligence in which fundamental respect?

Accepted Answer

Volenti is a complete defence that defeats the entire claim, while contributory negligence only reduces the damages awarded

Answer

Volenti applies only where the claimant consented to the risk in writing before the tort occurred

Answer

Volenti applies to all torts whereas contributory negligence is available only in negligence claims

Answer

Volenti shifts the burden of proof entirely to the defendant, whereas contributory negligence does not