10 June 2014
Level 3
LAW OF TORT
Subject Code L3-5
THE CHARTERED INSTITUTE OF LEGAL EXECUTIVES
UNIT 5 – LAW OF TORT*
Time allowed: 1 hour and 30 minutes plus 15 minutes reading time
Instructions to Candidates

You have FIFTEEN minutes to read through this question paper before the start of
the examination.

It is strongly recommended that you use the reading time to read the
question paper fully. However, you may make notes on the question paper or in
your answer booklet during this time, if you wish.

The question paper is divided into TWO sections. You must answer ALL the
questions from Section A. There are three scenarios in Section B. You must
answer the questions relating to ONE of the scenarios in Section B ONLY.

Write in full sentences – a yes or no answer will earn no marks.

Candidates must comply with the CILEx Examination Regulations.

Full reasoning must be shown in answers. Statutory authorities, decided cases and
examples should be used where appropriate.
Information for Candidates

The mark allocation for each question and part question is given and you are advised
to take this into account in planning your work.

Write in blue or black ink or ballpoint pen.

Attention should be paid to clear, neat handwriting and tidy alterations.

Complete all rough work in your answer booklet. Cross through any work you do not
want marked.
Do not turn over this page until instructed by the Invigilator.
* This unit is a component of the CILEx LEVEL 3 PROFESSIONAL QUALIFICATIONS and LEVEL 3 LEGAL
SERVICES KNOWLEDGE QUALIFICATIONS
Page 1 of 12
BLANK PAGE
Page 2 of 12
SECTION A
(Answer ALL questions in Section A)
1.
Give an example of a statutory tort.
(1 mark)
2.
The law of tort establishes rules of conduct which are normative. What is
meant by this statement?
(1 mark)
3.
(a)
Describe what is meant by proximity when establishing whether a duty
of care exists in negligence.
(1 mark)
(b)
Identify a situation or case in which proximity is shown in order to
establish the existence of a duty of care.
(1 mark)
(Total: 2 marks)
4.
The police fail to arrest a suspected criminal who later commits another
crime. Explain whether the police may then be liable in negligence.
(3 marks)
5.
Explain the magnitude of risk test.
6.
State four factors taken into account when assessing the standard of care
expected of a defendant.
(4 marks)
7.
Identify and explain the test for establishing factual causation.
8.
Identify and explain the original test for deciding whether a worker is an
employee.
(2 marks)
9.
Identify the defence based on an illegal act.
(2 marks)
10. State the purpose of damages in negligence.
(3 marks)
(1 mark)
(1 mark)
(Total Marks for Section A: 20 marks)
Turn over
Page 3 of 12
SECTION B
(There are three scenarios in Section B. Answer the questions relating to
ONE of the scenarios ONLY)
Scenario 1
Ian, an experienced coach driver, reported for duty at 6.00 am and he left
shortly afterwards on a three hour journey from London to Birmingham. He was
very tired as his baby son had kept him awake for most of the night by crying.
When driving along the motorway, Ian fell asleep. He did not see that the traffic
in front of him had stopped. The coach collided with the rear of a car, driven by
Lola, and then it skidded sideways into several more cars before stopping. A
number of drivers were trapped in their vehicles and some of the passengers on
the coach were injured.
Jasmine, a doctor, who was travelling in a car which was following Ian’s coach,
saw what had happened. She stopped her car at the side of the motorway and
went to help the injured.
Dr Jasmine first went to help Karl, one of the passengers on the coach who had
been badly injured. Dr Jasmine gave Karl an injection of a painkiller. Due to an
allergy, Karl had a severe reaction to the painkiller. This reaction resulted in Karl
becoming blind.
Dr Jasmine then went to help Lola who was trapped in her car. As she was
examining Lola, Lola’s car caught fire and both Dr Jasmine and Lola were badly
burned.
Page 4 of 12
Scenario 1 Questions
1.
(a)
Identify the three stage test used to establish whether a defendant
owes a duty of care.
(3 marks)
(b)
Applying this test, explain whether Ian owes a duty of care to:
(i) Karl
(ii) Lola
(iii) Dr Jasmine.
2.
3.
(8 marks)
(Total: 11 marks)
If it is established that Ian owes a duty of care,
(a)
explain the test used to establish whether a defendant has breached a
duty of care owed;
(5 marks)
(b)
explain whether Ian has breached his duty of care.
(5 marks)
(Total: 10 marks)
If it is established that Ian has breached his duty of care,
(a)
explain the tests used to establish causation;
(b)
explain whether Ian will be liable for having caused Karl’s blindness;
(6 marks)
(10 marks)
(c)
explain whether Ian will be liable for having caused Dr Jasmine’s
injuries.
(3 marks)
(Total: 19 marks)
(Total Marks for Scenario 1: 40 marks)
Turn over
Page 5 of 12
Scenario 2
Mike is a self-employed electrician. In May 2011, he went to re-wire a house with
his assistant Pablo. He asked Pablo to switch off the electricity and Pablo
confirmed that he had done so. When Mike then began work he received a bad
electric shock because Pablo had turned off the wrong switch. As a result, Mike
was seriously burned and was unable to work again.
Mike needed money and decided to commit a burglary. One night in January
2014, his girlfriend, Nancy, drove him to the house he burgled. As Nancy was
driving them away she thought she saw a police car following them. She
panicked and drove faster. Nancy lost control of her car and collided with a tree.
Mike suffered serious chest injuries and Nancy suffered slight cuts and bruises.
They were both taken to hospital. Nancy was discharged that day and Mike
stayed in hospital for a month.
Three months later, while Mike was at home, his house caught fire. Mike
telephoned for the Fire and Rescue Service. The Fire and Rescue Service
responded immediately. However, the fire engine got lost and by the time it
arrived the house had been badly damaged.
Page 6 of 12
Scenario 2 Questions
1.
Explain what defence is available to Pablo if Mike now brings a negligence
action against him.
(7 marks)
2.
(a)
Explain the two common law defences to an action in negligence.
(9 marks)
3.
(b)
Explain whether these defences would be available to Nancy if Mike
were to bring a negligence action against her.
(7 marks)
(Total: 16 marks)
(a)
Explain what effect public policy has on claims for negligence.
(10 marks)
(b)
Considering the effects of public policy only, explain whether the Fire
and Rescue Service will be liable for the damage to Mike’s house.
(7 marks)
(Total: 17 marks)
(Total Marks for Scenario 2: 40 marks)
Turn over
Page 7 of 12
Scenario 3
Sally owns a garden centre and a landscape gardening business.
Sally was in the garden centre one day and left a rake on the ground, Viv, a
customer, did not see the rake. She stepped on the rake and it flicked up and hit
her in the face, breaking her nose.
Raj is a garden designer who produces designs for Sally. Raj has no set hours
and can decide whether or not to take on a particular client. Sally tells him when
he can take his holidays. He is paid a basic salary with commission on any of his
garden designs when a client places an order with Sally. He is also provided with
a garden centre van and uniform.
Sally refers clients to Raj, who then visits them at their homes to discuss their
requirements. He draws up the designs at home and emails them to Sally. Sally
then carries out the work. Sally recently referred a client, Tania, to Raj. Tania
wanted a water garden with a two metre high waterfall as a central feature of
her garden. Raj produced a design and sent it to Sally. When Sally showed the
design to Tania, Tania was thrilled and asked Sally to lay out the garden in
accordance with the design as soon as possible.
A month after Sally’s garden centre had completed Tania’s water garden, Tania
was standing near the waterfall when a large piece of stone fell from the top of
the waterfall crushing Tania’s foot. Following an investigation into the incident, it
became clear that it was due to Raj’s faulty design.
Tania is a professional ballet dancer who enjoys playing badminton. She has the
promise of a contract to dance with a world class ballet company for a fee of
£30,000. She is no longer able to dance and cannot take up the position with the
world class ballet company. She has also had to give up playing badminton.
Page 8 of 12
Scenario 3 Questions
1.
2.
(a)
Explain the three elements of negligence.
(b)
Applying these elements of negligence, explain whether Viv could bring
a successful negligence action against Sally.
(9 marks)
(Total: 18 marks)
(a)
Identify the tests for establishing whether someone is an employee.
(9 marks)
(3 marks)
(b)
Identify which is the most appropriate test for determining Raj’s
employment status and explain how this test would be applied.
(6 marks)
(Total: 9 marks)
3.
(a)
Identify the requirements for establishing vicarious liability.
(5 marks)
(b) Explain whether Sally may be liable to Tania for the damage to her
foot.
(5 marks)
(Total: 10 marks)
4.
Explain what damages Tania may claim.
(3 marks)
(Total Marks for Scenario 3: 40 marks)
End of Examination Paper
© 2014 The Chartered Institute of Legal Executives
Page 9 of 12
BLANK PAGE
Page 10 of 12
BLANK PAGE
Page 11 of 12
BLANK PAGE
Page 12 of 12