FE-1 Law Of Torts Practice Questions - FE-1 Examination - Law Of Torts Exam

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A County Council unlawfully imposes a mining ban that destroys a plaintiff's commercial venture. The ban is later found to be ultra vires. On the authority of Glencar, what is the most likely outcome of a negligence claim against the Council for the resulting economic loss?

The plaintiff recovers automatically because the Council's act was ultra vires The plaintiff fails because illegality of the administrative act does not, by itself, create a private law duty of care sounding in damages The plaintiff recovers because economic loss is always recoverable against public authorities The plaintiff recovers only if the Council acted maliciously

Correct Answer:

The plaintiff fails because illegality of the administrative act does not, by itself, create a private law duty of care sounding in damages

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