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SQE 1 > Law of Tort > Flashcards

Law of Tort Flashcards

1
Q

Requirements for Trespass to Land (3)

A
  1. Exclusive Possession
  2. Direct Interference
  3. Requires Intent
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2
Q

Defences for Trespass to Land (2)

A
  1. Lawful Entry
  2. Necessity
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2
Q

Doctrine of Transferred Intent

A

Force applied to one person may be transferred to another person

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2
Q

Requirements for Assault

A

Intentional act that causes claimant to reasonably apprehend immediate and direct infliction of unlawful force

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3
Q

Remedies for Trespass to Land (2)

A
  1. Injunction
  2. Damages
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4
Q

Types of Trespass to Person (3)

A
  1. Battery
  2. Assault
  3. False Imprisonment
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4
Q

Requirements for False Imprisonment (2)

A
  1. Unlawful Constraint
  2. Restraint must be Total
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5
Q

Requirements for Battery (2)

A
  1. Direct and intentional application of unlawful force
  2. Unwanted or not consented to
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6
Q

Defences for Trespass to Person (3)

A
  1. Consent
  2. Self Defence
  3. Lawful Arrest
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7
Q

Remedies for Trespass to Person

A
  1. Damages
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8
Q

Requirements for Trespass to Goods (2)

A
  1. Intentional
  2. Direct Interference
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9
Q

Types of Conversion (2)

A
  1. Dealing with goods in a way that is seriously inconsistent with the rights of the owner
  2. Intentionally causing damage
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10
Q

Remedies for Conversion (2)

A
  1. Damages for fair market value
  2. Returning Goods
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11
Q

Elements of Negligence (3)

A
  1. Duty of Care
  2. Breach of Duty
  3. Cause of Claimant’s Injury
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12
Q

Criteria to Establish Duty of Care in Novel Situations (3)

A
  1. Foreseeability
  2. Proximity
  3. Fair, Just and Reasonable
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13
Q

Omission Exception (3)

A
  1. Exercise High Degree of Control
  2. Assumed Responsibility
  3. Regarded as Created and Adopted the Risk
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14
Q

Considerations for Breach of Duty (3)

A
  1. Magnitude of Risk
  2. Burden of Taking Precautions
  3. Social Utility of Conduct
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15
Q

Res Ipsa Loquitor

A

Inference of Negligence from the Facts of the Case

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16
Q

Requirements for Res Ipsa Loquitor (3)

A
  1. Cause of the incident is unknown
  2. Exclusive control
  3. Type of occurrence would not happen without negligence
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17
Q

Test for Causation in Fact

A

‘but for’ test

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18
Q

Factors that could break chain of causation (3)

A
  1. Natural Event
  2. Act of Third Party
  3. Act of Claimant
19
Q

Defences to Negligence

A

Contributory Negligence

20
Q

Consequential Economic Loss

A

Arising out of physical damage or injury

21
Q

Pure Economic Loss

A

Economic loss unconnected to physical damage sustained

22
Q

Types of Special Relationship for Negligent Statement (3)

A
  1. Defendant has specialist knowledge
  2. Defendant aware claimant will rely on information
  3. Reasonable for claimant to rely on information provided by defendant
23
Q

Pure Psychiatric Harm (3)

A
  1. Without physical impact
  2. Recognised mental illness
  3. Primary or Secondary Victim
24
Q

Restrictions for Secondary Victim (4)

A
  1. Reasonably foreseeable for person of normal fortitude
  2. Close relationship with injured person
  3. Present at accident or immediate aftermath
  4. Directly witnessed event
25
Q

Types of Employer Liability (3)

A
  1. Breach of Personal Duty of Care
  2. Breach of Specific Statutory Duty of Care
  3. Vicarious Liability for Employee Tort
26
Q

Requirements for Employer Duty of Care (4)

A
  1. Competent Fellow Employees
  2. Safe Plant and Equipment
  3. Safe Place to Work
  4. Safe System of Work
27
Q

Requirements for Vicarious Liability (3)

A
  1. Employer/Employee Relationship
  2. Employee Committed Tort
  3. Tort Committed During Course of Employment
28
Q

Types of Losses (2)

A
  1. Pecuniary
  2. Non-Pecuniary
29
Q

Components for Pecuniary Loss (3)

A
  1. Loss of past income (Special damages)
  2. Loss of future income (General damages)
  3. Expenses
30
Q

Non-Pecuniary Loss

A

Losses associated with injury itself

31
Q

Claims on Death (2)

A
  1. Loss of Dependency
  2. Bereavement Claim
32
Q

Types of Visitors under Occupier Liability Act 1957 (3)

A
  1. Invited on Premises by Occupier
  2. Permitted on Premises by Occupier
  3. Permitted on Premises by Statute
33
Q

Standard of care owed to visitors

A

Magnitude of Risk vs Practicability of Taking Precautions

34
Q

Defences under Occupier Liability Act 1957 (2)

A
  1. Contributory Negligence
  2. Exclusion of Liability for Property Damage
35
Q

Strict Liability under Occupier Liability Act 1957

A

Occupiers acting in the course of business cannot exclude liability of personal injury or death

36
Q

Occupiers Liability Act 1984 (2)

A
  1. Trespassers
  2. Covers personal injury, not property damage
37
Q

Conditions for Occupiers Liability Act 1984 (3)

A
  1. Know or should know of danger on premises
  2. Knows or should know trespasser in vicinity
  3. Reasonably could be expected to offer protection against danger
38
Q

Breach of Duty in Product Liability Case (2)

A
  1. Show manufacturer failed to exercise reasonable care
  2. Infer breach of duty because defect exists
39
Q

Elements under Consumer Protection Act 1987 (4)

A
  1. Product contained a defect
  2. Claimant suffered damage
  3. Damage caused by defect
  4. Defendant is producer, own brander, or importer
40
Q

Defences under Consumer Protection Act 1987 (3)

A
  1. Defect did not exist when producer supplied product
  2. Product not supplied in course of business
  3. Existence of defect not discoverable at the time product supplied
41
Q

Requirements for statute to give rise to civil claim when silent (3)

A
  1. Claimant must fall within class protected by statutory duty
  2. Statutory duty breached
  3. Claimant suffered type of damage statute intended to protect against
42
Q

Bring civil action in public nuisance if: (4)

A
  1. Special damage over and above that of the community at large
  2. Damage to property
  3. Personal Injury
  4. Loss of Profits
43
Q

Private Nuisance

A

Unlawful interference with person’s use or enjoyment of land

44
Q

Factors considered for Private Nuisance (6)

A
  1. Locality
  2. Utility
  3. Duration
  4. Abnormal Sensitivity
  5. Malice
  6. Foreseeability of Damage
45
Q

Remedies for Private Nuisance (2)

A
  1. Damages
  2. Injunction
46
Q

Defences for Private Nuisance (2)

A
  1. Prescription
  2. Statutory Authority
47
Q

Rylands v Fletcher

A

Arises when there is a dangerous escape from defendant’s land for non-natural use of land

48
Q

Components of Rylands v Fletcher (3)

A
  1. Brought something on land
  2. Engaged in non-natural use of land
  3. Thing on land escapes and causes harm
49
Q

Defences for Rylands v Fletcher (2)

A
  1. Unforeseeable act of god
  2. Unforeseeable act of third party

SQE 1 (15 decks)

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