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

Section 2(2) OLA 1957 imposes a 'common duty of care': the occupier must take such care as is reasonable in all the circumstances to see that the visitor will be reasonably safe in using the premises for the permitted purpose.

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

Section 1(3) OLA 1984 requires three conditions: the occupier knows of or should know of the danger; has reasonable grounds to believe the trespasser may come near it; and in all the circumstances it is reasonable to offer some protection against the risk.

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 court held that the defendant's malicious purpose transformed the otherwise lawful act of firing guns on his own land into an actionable private nuisance, illustrating that motive can be relevant in nuisance law.

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

The House of Lords in Transco confirmed that non-natural use means a special use of land that brings increased danger to others beyond the ordinary use of land, holding that a large pipe supplying water to a block of flats was not non-natural use.

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

Section 1 Defamation Act 2013 raises the threshold for bringing a defamation claim: the statement must have caused or be likely to cause serious harm to the claimant's reputation, preventing trivial claims from proceeding.

CILEx Level 6 Practice Test

CILEx Level 6 Practice Test

CILEx L6 Tort Law 2