M05 Tort Lists Chapter 2

Question 1

Three essentials of negligence?

Answer 1

a duty of care owed by the defendant to the claimant;

a breach of that duty by the defendant (negligence); and

damage suffered by the claimant as a result of the negligent act.

Question 2

Three aspects courts consider when determining whether there has been a breach of duty of care in a negligence case

Answer 2

1. the magnitude of the risk involved
2. the ease with which the risk could have been eliminated or reduced
3. the current state of scientific or technical knowledge.

Question 3

Three requirements for liability for pure economic loss to arise under the Hedley Byrne rule

Answer 3

there is a ‘special relationship’ between the parties

the giver of the advice can reasonably foresee that the advice is likely to be acted upon and that the recipient is likely to suffer if it is inaccurate; and

the advice is, in fact, acted upon, causing loss to the claimant.

Question 4

What do secondary victims need to prove in terms of proximity if claims damages for psychiatric injury

Answer 4

their relationship with the immediate victim: this had to be characterised by a ‘close tie of love and affection’;

their closeness in space or time to the incident or its immediate aftermath; and

the means by which they learned about the accident, which had to be through their own unaided senses.

Question 5

3 types of trespass

Answer 5

Trespass to the person.

Trespass to goods.

Trespass to land.

Question 6

Two types of nuisance

Answer 6

Public

Private

Question 7

4 defences to strict liability under Rylands v Fletcher

Answer 7

1. consent of the claimant;
2. act of God;
3. unexpected act of a stranger
4. statutory authority.

Question 8

Three duties of employers

Answer 8

1. select competent staff;
2. provide and maintain proper plant, premises and equipment; and
3. provide a safe system of work.

Question 9

5 defences to a defamation claim

Answer 9

1. Truth
2. Honest opinion
3. Publication on a matter of public interest
4. Innocent defamation: in which the statement was published unintentionally.
5. Privilege

Question 10

6 types of damages awarded in tort

Answer 10

• Special
• General
• Aggravated
• Exemplary
• Nominal
• Contemptuous

Question 11

Six defences in tort

Answer 11

Self defence

Necessity

Statutory authority

Volenti and

Contributory negligence

Reduction of liability

Question 12

2 remedies in tort

Answer 12

1. Damages
2. Injunctions

Question 13

Three examples of special damages

Answer 13

1. Loss of earnings
2. Damage to clothing
3. Medical expenses