CILEX Tort Law - Paper 3

In Fairchild v Glenhaven Funeral Services, the House of Lords modified the causation rules to address: A) Loss of a chance claims B) Multiple defendants where each materially increased the risk of harm C) Intervening acts by third parties D) Pure economic loss

The principle in Rylands v Fletcher imposes liability for: A) Any escape of anything from land B) The non-natural use of land causing an escape of something likely to do mischief C) All flooding from neighbouring property D) Trespass to land by animals only

A novus actus interveniens will break the chain of causation if it is: A) Any subsequent event B) A natural consequence of the breach C) An unforeseeable intervening act that is sufficiently independent D) Caused by the claimant's contributory negligence

Under the Consumer Protection Act 1987, liability for defective products is: A) Fault-based B) Strict C) Absolute D) Based on implied terms

Critically analyse the development of the law on causation in clinical negligence cases. Discuss the difficulties with applying the but-for test in medical negligence claims and the alternative approaches adopted by the courts, including material contribution to damage and material contribution to risk.

Evaluate the circumstances in which a public body may owe a duty of care in negligence. Discuss the distinction between policy and operational decisions, the impact of the Human Rights Act 1998, and the current approach following Robinson v Chief Constable of West Yorkshire.

Discuss the scope and application of breach of statutory duty as a tort. Explain when a claimant may bring a private action for breach of statutory duty, the factors courts consider in determining whether a statute gives rise to a civil action, and the relationship between statutory and common law duties.

Analyse the principles governing the assessment of damages in personal injury claims. Discuss the distinction between general and special damages, the discount rate, and the role of the Ogden Tables in calculating future losses. Consider the impact of periodical payment orders as an alternative to lump sum awards.