CILEX Tort Law - Paper 1

In negligence, the 'neighbour principle' was established in which landmark case? A) Caparo Industries v Dickman B) Donoghue v Stevenson C) Anns v Merton LBC D) Robinson v Chief Constable of West Yorkshire

The current test for establishing a duty of care in novel situations is the three-stage test from: A) Donoghue v Stevenson B) Anns v Merton LBC C) Caparo Industries v Dickman D) Home Office v Dorset Yacht Co

Under the Occupiers' Liability Act 1957, the common duty of care is owed to: A) Trespassers B) Visitors C) All persons on the premises D) Only those with a contractual right of entry

The 'but for' test for factual causation asks whether: A) The defendant's conduct was the main cause of damage B) The damage would have occurred but for the defendant's breach C) The defendant intended to cause the damage D) The damage was the direct result of the breach

Explain the standard of care expected of a reasonable person in negligence law. Discuss the factors the court considers when determining whether the defendant has fallen below the required standard, supporting your answer with relevant case law.

Discuss the defence of contributory negligence in tort law. Explain its effect on damages, the test applied, and how it differs from the former complete defence of contributory negligence at common law.

Explain the tort of private nuisance. Discuss who can sue and be sued, the factors the court considers in determining whether an actionable nuisance exists, and the available remedies.

Explain the key provisions of the Employers' Liability (Compulsory Insurance) Act 1969 and discuss the common law duty of care owed by employers to employees. What are the main components of this duty as established in Wilsons and Clyde Coal v English?