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.</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.</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.</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.</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.</p> Signup and view all the answers

    What is an example of a statutory tort?

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

    What type of damages are considered 'special' damages?

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

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

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

    What potential issue did Manoj face after the league match?

    <p>His valuable watch went missing</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</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</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</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</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</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</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</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</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.</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.</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.</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.</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.</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.</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.</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.</p> Signup and view all the answers

    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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