CILEX Level 3 Law of Tort - June 2022
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Questions and Answers

Which factor contributed most directly to Agathe's inability to stop her vehicle in time?

  • Poor visibility during the evening.
  • Driving at a speed higher than the limit.
  • The red car pulling out unexpectedly. (correct)
  • Agathe's inexperience as a driver.

What medical condition did Bode suffer from after the incident?

  • Unconsciousness due to shock.
  • Severe trauma from the accident.
  • Heart problems attributed to treatment. (correct)
  • Broken bones from the collision.

What was the reason for Bode losing consciousness at the scene of the accident?

  • His slow heart rate. (correct)
  • The collision with Agathe's car.
  • A medical condition he was unaware of.
  • The effects of a medication.

What treatment did the paramedic Caitlyn administer to Bode?

<p>Exampleoprine injection. (D)</p> Signup and view all the answers

Why is the manual heart massage technique considered controversial in Bode's case?

<p>It is not recommended for young patients. (C)</p> Signup and view all the answers

What was discovered by the research study conducted in April 2022 regarding Exampleoprine?

<p>It can interact with certain medications to cause heart damage. (C)</p> Signup and view all the answers

Which of the following describes Bode's situation post-treatment?

<p>He suffered from long-term heart problems. (A)</p> Signup and view all the answers

What aspect of Caitlyn's treatment is most likely to lead to legal implications?

<p>The administration of Exampleoprine despite contraindications. (D)</p> Signup and view all the answers

What is an example of a statutory tort?

<p>Product liability (C)</p> Signup and view all the answers

What does the 'floodgates' argument in relation to claims for psychiatric injury refer to?

<p>The increase in litigation due to an expansion of liability (A)</p> Signup and view all the answers

Which of the following best defines a 'primary victim' in tort law?

<p>A victim directly involved in an incident resulting in injury (D)</p> Signup and view all the answers

What is meant by the term 'vicarious liability'?

<p>Imposing liability on an employer for wrongful acts of an employee (A)</p> Signup and view all the answers

What is a key factor that the courts consider when determining whether an organization is vicariously liable for an employee's actions?

<p>The nature of the work being performed (A)</p> Signup and view all the answers

Which of the following best describes the defence of illegality (ex turpi causa)?

<p>A defence where the claimant engaged in illegal activity related to the claim (D)</p> Signup and view all the answers

In the scenario involving Gavin, which aspect likely influences LLL's liability for Gavin's actions?

<p>Gavin's employment status (D)</p> Signup and view all the answers

What type of damages are considered 'special' damages?

<p>Compensation for quantifiable losses incurred (B)</p> Signup and view all the answers

What does the term 'novus actus interveniens' refer to in tort law?

<p>An intervening act that breaks the chain of causation (B)</p> Signup and view all the answers

What does the 'but for' test determine in a negligence claim?

<p>Whether the injury would have occurred without the defendant's actions (A)</p> Signup and view all the answers

Why might the 'but for' test be unsuitable in determining liability for Gavin's lung disease?

<p>There are multiple potential causes for the disease (A)</p> Signup and view all the answers

Which situation would likely NOT constitute a doctor's duty to warn a patient?

<p>Providing details on the doctor’s qualifications (D)</p> Signup and view all the answers

What alternative tests might be used to establish factual causation when the 'but for' test is unsuitable?

<p>Material contribution (C)</p> Signup and view all the answers

In Gavin's case, how might the alternative causation tests affect HH's liability?

<p>HH's liability would depend on whether the lung disease was directly linked to their actions (B)</p> Signup and view all the answers

What was explicitly against the rules during the Kempston league match?

<p>Slide tackling (A)</p> Signup and view all the answers

What potential issue did Manoj face after the league match?

<p>His valuable watch went missing (C)</p> Signup and view all the answers

What is the standard of care owed by Bode to Agathe?

<p>A duty to act with reasonable care to avoid foreseeable harm (B)</p> Signup and view all the answers

What is the likelihood that Bode breached his duty of care to Agathe?

<p>Very likely, if he failed to act within the standard of care (B)</p> Signup and view all the answers

What is the standard of care owed by Caitlyn to Bode?

<p>A standard of care that requires competent and skillful performance (D)</p> Signup and view all the answers

In terms of the heart massage technique, what factors determine if Caitlyn breached her duty of care to Bode?

<p>Whether her actions were appropriate given the circumstances (A)</p> Signup and view all the answers

What must be evaluated to determine if Caitlyn breached her duty regarding the injection of Exampleoprine?

<p>Her adherence to the prescribing guidelines for Exampleoprine (A)</p> Signup and view all the answers

What determines the liability of Gavin's former employers regarding his lung disease?

<p>Whether insulation was available but never used (C)</p> Signup and view all the answers

How does Gavin's status as an independent contractor affect his legal relationship with LLL?

<p>He is subject to follow LLL's operational guidelines while working (B)</p> Signup and view all the answers

What impact does Gavin's redundancy and compensation have on his ability to prove negligence?

<p>It has no impact as the case is focused solely on negligence factors (A)</p> Signup and view all the answers

What is the primary legal principle related to the defence of volenti non fit injuria?

<p>A person cannot claim for damages if they consented to the risk. (B)</p> Signup and view all the answers

In the context of consumer rights, how might the exclusion notice affect Perfect Pitches' liability for the loss of Manoj's watch?

<p>The notice may be deemed unfair and unenforceable under the Consumer Rights Act 2015. (C)</p> Signup and view all the answers

Which key factor will the court consider when deciding whether Perfect Pitches breached their duty of care to Quita?

<p>The general standard of care expected within similar sporting facilities. (D)</p> Signup and view all the answers

What types of damages may Quita claim from Perfect Pitches for her injury?

<p>Loss of earnings and medical expenses. (C)</p> Signup and view all the answers

What does contributory negligence imply in relation to Manoj's claim for his watch?

<p>Any fault by Manoj could reduce the damages awarded. (A)</p> Signup and view all the answers

Which of the following is true regarding the responsibility of Perfect Pitches for injuries on the public footpath?

<p>Liability depends on whether reasonable precautions were taken to prevent injuries. (B)</p> Signup and view all the answers

What legal argument might Perfect Pitches use to contest claims related to the unoccupied changing room?

<p>The presence of a sign warning of theft limits their liability. (D)</p> Signup and view all the answers

How might the history of prior injuries influence the court's view of Perfect Pitches' actions?

<p>It shows a pattern of negligence that could prove liability. (C)</p> Signup and view all the answers

Flashcards

Statutory Tort

A tort that is created by a law, rather than by a court case. Examples are provided by legislation rather than judges deciding on the rules.

Donoghue v. Stevenson Test

A test for establishing duty of care that determines if there was a sufficient connection between a person and the damage to others .

Floodgates Argument

An argument that allowing certain types of claims (such as psychiatric injury claims) could lead to a large number of lawsuits, creating an overwhelming burden on the legal system.

Primary Victim

Someone who has been directly harmed through an event causing damage..

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Doctor's Duty to Warn

A doctor's responsibility to inform a patient about the potential risks associated with medical treatment before the patient proceeds.

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Novus Actus Interveniens

An intervening act by a third party that breaks the chain of causation between a defendant's initial conduct and the plaintiff's harm.

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Vicarious Liability

Legal responsibility a person/employer has for the wrongful actions of one of its employees/agents.

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Illegality Defence (ex turpi causa)

A defense that prevents a person from recovering damages if they were involved in an illegal/immoral activity that led to their injuries. You cannot rely on the law to fix a problem you created.

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Duty of Care (Bode to Agathe)

Whether Bode, the driver of the red car, had a legal obligation to drive safely and avoid causing harm to Agathe, the other driver.

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Duty of Care (Caitlyn to Bode)

Whether Caitlyn, the paramedic, had a legal obligation to provide care to Bode, the patient, in a way that avoids causing harm.

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Scenario 1 (accident)

Agathe was driving, a red car pulled out causing a collision. Both were injured. Caitlyn, the paramedic, treated Bode.

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Causation (Bode's injuries)

Establishing if Caitlyn's actions directly led to Bode's ongoing heart problems.

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Exampleoprine

A medication used for slow heart rates, but with a rare side-effect that could cause heart damage.

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Heart Massage Technique

A method of manual heart massage, that may not be recommended for younger patients.

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Side Effect Interaction (research)

A study showing a rare side effect where Exampleoprine interacts with other medications potentially causing heart damage.

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Partial Recovery (Bode)

Bode did not fully recover from his injuries, and developed heart problems attributed to his treatment.

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Standard of Care (Bode)

The level of care Bode is expected to exercise, considering his experience and profession as a surgeon. It's the reasonable care a skilled surgeon should provide.

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Breach of Duty (Bode)

Whether Bode's actions fell below the standard of care expected of a surgeon. Did he act like a reasonable surgeon would?

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Standard of Care (Caitlyn)

The expected level of care Caitlyn, as a medical student, should provide. It's based on her experience and training compared to a reasonable medical student in the same situation.

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Breach of Duty (Caitlyn - Massage)

Whether Caitlyn's heart massage technique deviated from the expected standard of care for a medical student. Did her actions fall below a reasonable student's competence?

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Breach of Duty (Caitlyn - Injection)

Whether Caitlyn's decision to inject Exampleoprine met the standard of care expected from a medical student. Did she make a call a reasonable student would?

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Duty of Care (Gavin)

Whether HH and JA, as employers, owed a duty of care to protect Gavin from engine fumes, which were a risk inherent to his job.

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Negligence (HH and JA)

Whether HH and JA failed to meet their duty of care to Gavin by neglecting to install or maintain insulation, which would have partially protected him from fumes.

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Independent Contractor (Gavin)

Whether Gavin's relationship with LLL is one of an independent contractor, meaning he is not an employee and has more control over his work.

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Tests for Vicarious Liability

Courts use tests to determine if there's a special relationship between a person and an organization that makes the organization liable for the person's actions. These tests look at factors like control, integration, and the nature of the relationship to assess if the organization 'employs' the person.

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But For' Test

A test for causation asks whether the harm would have happened 'but for' the defendant's actions. If the harm would have happened regardless, then the defendant's actions aren't a cause.

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Factual Causation?

When the 'but for' test doesn't apply, courts use alternative tests to establish a causal connection between the defendant's actions and the harm. These tests consider things like the 'material contribution' or 'increased risk' the defendant's actions caused.

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Material Contribution

This test looks at whether the defendant's actions made a 'significant' contribution to the harm, even if they weren't the only cause. It considers whether the defendant's actions were a 'material' part of the cause.

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Increased Risk Test

This test is used when the defendant's actions increased the chance of harm, even if it's impossible to prove they were the sole or main cause. It focuses on whether the defendant's actions made the harm more likely.

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Strict Liability

A legal principle where a person is held liable for harm caused by their actions, regardless of fault or intention. The nature of the action itself leads to liability.

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Breach of Contract

A situation where one party to a contract fails to fulfill their obligations under that contract, leading to potential consequences like legal action.

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Volenti Non Fit Injuria

A legal defense that means 'to one who consents, no harm is done.' It applies when a person voluntarily accepts a known risk.

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Contributory Negligence

A defense that partially reduces a plaintiff's compensation if their actions contributed to their injuries.

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Exclusion Notice

A notice posted by a business that attempts to limit its liability for certain events or losses.

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Consumer Rights Act 2015

UK law that sets out rights for consumers when purchasing goods, services, or digital content.

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Duty of Care (Perfect Pitches)

Whether Perfect Pitches had a legal obligation to protect Quita from harm caused by flying footballs on the public footpath.

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Damages (Quita's Injury)

The monetary compensation Quita can claim from Perfect Pitches for her broken ankle, lost wages, and physiotherapy.

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Breach of Duty of Care

If Perfect Pitches failed to take reasonable steps to prevent injury to people walking on the footpath.

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Factors for Breach (Court)

The court will consider the likelihood of a football hitting someone, the seriousness of the injury, and the cost of taking precautions to prevent harm.

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Study Notes

CILEX Level 3 Law of Tort Question Paper - June 2022

  • Exam Duration: 1 hour and 45 minutes, including 15 minutes of reading time
  • Instructions: Read the question paper thoroughly before beginning, answers must be in full sentences.
  • Section A: Requires answering all questions. Questions include identifying a statutory tort, explaining Donoghue v Stevenson (1932), explaining the floodgates argument, defining a primary victim, describing a doctor's duty to warn a patient of risks, identifying a novus actus interveniens, defining vicarious liability, explaining the defense of illegality (ex turpi causa), defining special damages, and providing an example. Marked out of 20 marks.
  • Section B: Choose one scenario and answer all associated questions. Three scenarios are presented. Scenarios details are included in pages 3-4.
  • Marks: Each question has a mark associated, used to guide the time allocated. Total marks for the paper are 60.
  • Allowed Materials: Notes on scrap paper, no statute books.
  • Exam Regulations: Candidates must comply with CILEX Exam Regulations for online exams.
  • Scenario 1: Agathe's car accident with Bode.
  • Scenario 2: Gavin's driving career & lung disease.
  • Scenario 3: Manoj's lost watch & Nina's injury caused by the football.

Scenario 1 Details

  • Facts: Agathe was driving, Bode (inexperienced driver) changed lanes. Collision. Agathe injured leg. Bode lost consciousness. Paramedic (Caitlyn) carried out treatment, including injecting Exampleoprine, a treatment used for slow heart rate.
  • Questions: Duty of care owed by Bode and Caitlyn to Agathe and Bode. Standard of care and breach of duty by Bode. Standard of care and breach of duty by Caitlyn; due to use of heart massage technique and Exampleoprine.

Scenario 2 Details

  • Facts: Gavin's driving history, diagnosed with a lung disease suspected a result of exposure to vehicle fumes, his employers (HH and JA) negligence in not providing proper insulation, Redundancy from JA followed by commencing his own business. LLL (Haulage company) business and his work conditions. Involved in a collision with another driver when working for LLL, who was injured.
  • Questions: Establishing vicarious liability of LLL with regards to Gavin. Establishing breach of duty by HH regarding the lack of insulation and establishing factual causation (but-for test) to the lung condition.

Scenario 3 Details

  • Facts: Manoj playing football, lost his gold watch while in the changing room. Nina was injured by another player (Manoj). Omar striking the ball, Quita injured passing by on the footpath.
  • Questions: Defences of volenti non fit injuria against Manoj's actions towards Nina. Perfect Pitches' negligence and liability in relation to the lost watch and Quita’s injury. Determining the duty of care to others and breach of duty of care of Perfect Pitches from the negligence. Contributory negligence in respect to the events that occurred to Quita.

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CILEX Level 3 Law Past Paper PDF June 2022

Description

This quiz assesses your understanding of key concepts in the Law of Tort, as outlined in the CILEX Level 3 curriculum. You'll tackle questions on statutory torts, significant case law, and various principles such as vicarious liability and defenses. Prepare to apply your knowledge through structured questions and scenarios.

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