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LAW OF TORT.pdf
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19 January 2021Level 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 this question
paper fully. However, you may make notes on this question paper or in your answer
booklet during this time, if you wish.
This 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 from 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 8
, SECTION A
(Answer ALL questions in Section A)
1. Define ‘tort’.
(1 mark)
2. Explain the element of ‘fair, just and reasonable’ as established in
Caparo v Dickman (1990).
(2 marks)
3. Explain the effect of s.1 Compensation Act 2006.
(3 marks)
4. Identify three of the requirements that a secondary victim must prove
in order to establish a duty of care.
(3 marks)
5. Explain the ‘magnitude of risk’ test that is used to determine the standard of
care owed.
(2 marks)
6. Explain the ‘material increase in risk’ test in factual causation.
(3 marks)
7. Define ‘vicarious liability’.
(2 marks)
8. Explain the defence of illegality (ex turpi causa).
(3 marks)
9. Identify the aim of damages in tort.
(1 mark)
(Total Marks for Section A: 20 marks)
Page 2 of 8
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