FE-1 Tort Law

Question 1

What are the four elements that a plaintiff must prove to succeed in a negligence claim in Irish law?

Accepted Answer

Duty of care, breach of that duty, causation, and damage that is not too remote

Answer

Intention, action, damage, and proximity

Answer

Fault, harm, knowledge, and foreseeability only

Answer

Contract, negligence, damage, and mitigation

Question 2

What is the neighbour principle as stated by Lord Atkin in Donoghue v Stevenson [1932]?

Accepted Answer

You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour — persons closely and directly affected by your act

Answer

Neighbours owe each other absolute liability in tort

Answer

The principle applies only to physical proximity between parties

Answer

The neighbour principle has been replaced by the three-part test in Caparo Industries [1990]

Question 3

What is the standard of care applied in negligence under Irish law?

Accepted Answer

The standard of the reasonable person — an objective standard assessed from the position of a reasonable person in the defendant's position with the same expertise

Answer

The standard of the actual defendant's personal capabilities

Answer

A subjective test based on what the defendant genuinely believed was safe

Answer

The highest possible standard of care regardless of practicality

Question 4

What is the res ipsa loquitur doctrine in Irish tort law?

Accepted Answer

The thing speaks for itself — where an accident would not ordinarily occur without negligence, it raises an inference of negligence that the defendant must rebut

Answer

Absolute liability for dangerous activities without proof of negligence

Answer

The plaintiff need not prove any element of their claim if they were injured

Answer

The doctrine applies only in product liability cases

Question 5

Under the Civil Liability Act 1961, how are multiple tortfeasors liable for the same damage in Ireland?

Accepted Answer

Concurrent wrongdoers are jointly and severally liable — the plaintiff can sue any or all of them for the full amount, though apportionment of contribution between them is determined by degree of fault

Answer

Each tortfeasor is only liable for their proportionate share

Answer

The plaintiff must sue all tortfeasors together in the same action

Answer

The last tortfeasor to contribute to the damage bears sole liability

Question 6

What is the defence of volenti non fit injuria in Irish tort law?

Accepted Answer

A complete defence where the plaintiff freely and voluntarily assumed the legal risk of the harm — the plaintiff must have agreed to take the risk of negligence, not merely the risk of the activity

Answer

Contributory negligence reducing the plaintiff's damages

Answer

A defence that the plaintiff had no legal capacity to sue

Answer

The doctrine that danger inherent in sport cannot be tortious