TORT

Question 1

If a defendant has been convicted of a criminal offence, they are presumed to have committed that offence.

In tort, this can help a claimant prove that a defendant has fallen below the reasonable standard of care, if the offence involves careless conduct.

Answer 1

Civil Evidence At 1968

S 11

Question 2

Exclusion of Liability

B2B - the defendant must be acting in the course of business.

Answer 2

UCTA 1977

S 2(1) ( PI and injury)

Question 3

Exclusion of Liability

B2B - the defendant must be acting in the course of business.

Answer 3

UCTA 1977

S 2(1) ( PI and injury)

Question 4

Exclusion of liability

B2C ; the defendant must be acting as a trader, and claimant acting as a consumer

Exclusion of liability for PI and injury

Answer 4

CRA 2015

S 65(1)

Question 5

Exclusion of liability

B2B

Defendant can excluder or restrict liability only if exclusion satisfies reasonableness test

Answer 5

UCTA 1977

S 2(2)

Question 6

Exclusion of Liability

B2C

Defendant can exclude liability if it is fair

Answer 6

CRA 2015

S 62

Question 7

Definition of reasonableness, for excluding liability

Answer 7

UCTA 1977

S 11

Question 8

It is not possible for the driver of a car to use the defence of consent against a claimant who was a passenger in their vehicle

Answer 8

Road Traffic Act 1988

S 149

Question 9

Claimant cannot be found to have failed to mitigate their loss by paying for PRIVATE treatment, rather than NHS

Answer 9

Law Reform (Personal Injuries) Act 1948

S 2(4)

Question 10

Claimant cannot be found to have failed to mitigate their loss by paying for PRIVATE treatment, rather than NHS

Answer 10

Law Reform (Personal Injuries) Act 1948

S 2(4)

Question 11

Court can award damages for personal injury as periodic payments rather than as a lump sum

Answer 11

Damages Act 1996

S 2

Question 12

X

Question 13

Statute that governs where a claimant dies before they have recieved an award of compensation

Answer 13

The law reform (miscellaneous provisions) act 1934

Question 14

Statute that governs where a claimant dies before they have recieved an award of compensation

Answer 14

The law reform (miscellaneous provisions) act 1934

Question 15

the statute that governs the estate being able to continue or commence a claim on behalf of a deceased claimant

Answer 15

Fatal accidents act 1976

Question 16

The two statutes for occupiers liability

Answer 16

Occupiers liability act 1957 (visitors who have express or implied permission)

Occupiers liability act 1984 (trespassers)

Question 17

Statute for product liability

Answer 17

Consumer protection act 1987