CILEX Tort Law - Paper 2

The 'thin skull' rule in negligence means that: A) The defendant is only liable for foreseeable injuries B) The defendant must take the claimant as they find them C) The claimant must prove they had a pre-existing condition D) Damages are reduced for pre-existing vulnerabilities

Under the Occupiers' Liability Act 1984, which of the following must be established before a duty is owed to a non-visitor? A) The occupier must have insurance B) The occupier is aware of the danger or has reasonable grounds to believe it exists C) The non-visitor must have given written notice of their presence D) The danger must have been created by the occupier

Res ipsa loquitur applies when: A) The defendant admits negligence B) The claimant cannot prove causation C) The incident is of a kind that does not normally occur without negligence, and the instrumentality was under the defendant's control D) The damage is too remote

Vicarious liability makes an employer liable for torts committed by employees acting: A) Outside working hours only B) In the course of their employment C) With the employer's express authority only D) On the employer's premises only

Discuss the circumstances in which a duty of care may be owed for pure economic loss in the tort of negligence. Explain the distinction between economic loss consequential upon physical damage and pure economic loss, with reference to key authorities.

Explain the rules governing recovery of damages for psychiatric injury (nervous shock) by secondary victims in negligence. Discuss the control mechanisms established in Alcock v Chief Constable of South Yorkshire and any subsequent developments.

Analyse the defence of volenti non fit injuria (consent) in negligence. Explain the requirements for the defence to succeed, and discuss when it may be excluded by statute. Include relevant case law.

Explain the tort of public nuisance and how it differs from private nuisance. Discuss the requirement of 'particular damage' for an individual to bring a claim, and the role of local authorities in enforcement.