Chapter 2 - Torts - New questions Flashcards
Example of a scenario that could result in both a crime and a tort?
A person agrees to a contract but fails to fulfill their duties.
If A hires a taxi and is injured due to the careless driving of the taxi driver (B), A may sue B for:
Both breach of contract and the tort of negligence.
When a doctor causes harm to a private patient through improper medical treatment, the patient can sue for:
Both breach of contract and negligence.
In cases where both breach of contract and negligence are involved, the proceedings typically occur:
In a civil court where both issues are considered together.
In the context of insurance, what is a key limitation for coverage related to trespass?
The insurance policy only covers accidental trespass.
Why might an insurance policy exclude coverage for damage caused by trespass actionable per se?
Because the damage was caused deliberately and was not accidental.
What are the three essential elements for an action in negligence to succeed?
Duty of care, breach of duty, and damage caused by the breach.
What is the ‘neighbour principle’ or ‘neighbour test’ as established in Donoghue v. Stevenson?
A principle that one must not injure those who are closely and directly affected by their actions.
What factors do courts consider when determining whether a breach of duty has occurred?
The magnitude of risk, ease of risk reduction, and current scientific knowledge.
What was the main principle established in the case of Overseas Tankship (UK) Ltd v. Mort’s Dock and Engineering Co. Ltd (1961) regarding the remoteness of damage?
Damage is considered too remote if it was not of a type that was reasonably foreseeable.
In Smith v. Leech Brain and Co. Ltd (1961), why were the employers held liable for the claimant’s death despite the injury being trivial?
The death resulted from a pre-existing condition that was exacerbated by the injury.
Before the decision in Hedley Byrne v. Heller and Partners (1963), could individuals who received negligent advice sue for damages in tort?
No, they could only sue if there was a contract between the parties.
In Spartan Steel and Alloys v. Martin and Co. (Contractors) Ltd (1973), what was the court’s decision regarding the recovery of pure economic loss?
The claimant could recover only the economic loss directly related to physical damage, not pure economic loss.
What exception to the general rule on pure economic loss is recognized in tort law?
Economic loss arising from a special relationship where negligent advice is relied upon.
In the context of the Hedley Byrne rule, which of the following is NOT a required condition for liability to arise?
The advice must be given in writing.
Before the legal changes made by Hedley Byrne v. Heller and Partners (1963), could individuals sue for damages resulting from negligent advice if there was no contract between the parties?
No, a contract was necessary to bring a claim for negligent advice.
What did the House of Lords decide in White v. Chief Constable of South Yorkshire Police (1999) regarding police officers claiming for psychiatric injury?
The duty to protect police officers from psychiatric injury did not extend if there was no breach of duty regarding physical injury.
Which of the following is NOT a recognized category for psychiatric illness claims beyond “nervous shock” cases?
Psychiatric illness caused by direct physical harm.
In the context of public nuisance, what is considered ‘special damage’?
Loss or inconvenience that is greater than that suffered by the general public.
Which of the following is a valid defense against a claim of nuisance?
The nuisance has existed continuously for at least 20 years under the Prescription Act 1832.
Which remedy is NOT typically available for a private nuisance claim?
Criminal prosecution.
What is NOT considered a valid defense in a nuisance case?
The nuisance is a result of unavoidable accidents.
According to the rule in Rylands v. Fletcher, when can a defendant be held liable for damage caused by something brought onto their land?
Only if the damage was a natural consequence of the thing’s escape.
In which case did the House of Lords clarify the scope of the rule established in Rylands v. Fletcher?
Transco Plc v. Stockport MBC (2004)
What must a claimant prove to succeed in a claim under the Rylands v. Fletcher rule?
That the thing brought onto the land was exceptionally dangerous or mischievous.
Which Act imposes strict liability for damage caused by animals under the care of another?
Animals Act 1971
What must a claimant establish to succeed in an action for breach of statutory duty?
That the statute was intended to provide a civil remedy.
According to the Enterprise and Regulatory Reform Act 2013, what is the effect on the civil actionability of breaches of health and safety regulations?
Breaches of health and safety regulations are civilly actionable only if the regulations explicitly provide for it.
According to the policy reasons identified by Lord Phillips in Catholic Child Welfare Society and Others v. Various claimants and Others (2012), which of the following is NOT a reason for imposing vicarious liability?
The employee’s activities are not related to the business of the employer.
In Involnert Management Inc v. Aprilgrange Ltd (2015), what principle did Mr Justice Leggatt reject regarding the liability of a producing broker for the negligence of a placing broker?
That the producing broker was vicariously liable for the placing broker’s negligence.
What types of damage are covered under the Occupiers’ Liability Act 1984 in relation to trespassers?
Death and personal injury only.
If a person suffers harm from a defective product and was not the buyer of the product, what legal remedies are available to them?
They can bring an action in tort based on negligence or under the Consumer Protection Act 1987.
What is the minimum amount of property damage covered by the Consumer Protection Act 1987 for claims against defective products used for private purposes?
£275
What distinguishes libel from slander?
Libel is published in a permanent form, while slander is in a transient form.
Under what circumstances is slander actionable without proof of damage?
When the statement falsely accuses the claimant of a crime punishable by imprisonment.
Which of the following is a defense to a defamation claim?
The statement was true.
Which of the following is not a recognized defense to defamation?
Financial hardship suffered by the defendant.
Which of the following is true about the defense of consent?
It applies to deliberate torts where the claimant agreed to the act.
For claims based on libel or slander, what is the limitation period according to the Limitation Act 1980?
One year
Which type of damages requires strict proof and notice when making a claim?
Special damages
In which type of case are exemplary (or punitive) damages most likely to be awarded?
Trespass
