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SQE 1 > Tort Law > Flashcards

Tort Law Flashcards

1
Q

Can you recover for items that do not belong to you?

A

No. You cannot recover the cost of items that do not belong to you as this is classed as pure economic loss.

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2
Q

What is the duty of care standard for a child?

A

The standard of care is that of a reasonable child of the same age.

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3
Q

Can a person discharge a duty of care under the OLA 1957 by acting reasonably to engage a competent contractor and checking the work?

A

Yes. The occupier owes a duty of care in respect of the condition of the premises. That duty may be discharged by employing an independent contractor to carry out work of construction, maintenance, or repair, provided that the occupier acted reasonably in entrusting the work to an independent contractor and took reasonable steps to satisfy himself that the contractor was competent and the work was properly done.

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4
Q

Are people generally liable for the torts of their contractor?

A

Generally, people are NOT liable for the torts of their contractor.

However, an occupier of land is liable for a nuisance created by an independent contractor where the work for which the contractor was engaged carried a special danger of creating a nuisance.

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5
Q

What is the exception to the general rule that people are not liable for the torts of their contractor?

A

An occupier of land is liable for a nuisance created by an independent contractor where the work for which the contractor was engaged carried a special danger of creating a nuisance.

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6
Q

Defence of Illegality

A

The Defence of Illegality is a complete defence which defeats a claim entirely. A claimant cannot recover damages for harm suffered whilst he is talking part in criminal activity.

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7
Q

What is the mens rea of the tort of conversion?

A

Intention to deal with the goods (no need to have an intention to commit conversion).

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8
Q

Is mistake as to ownership a defence to the tort of conversion?

A

Mistake as to ownership is not a defence to the tort of conversion.

Intention to deal with the goods (no need to have an intention to commit conversion).

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9
Q

Is there generally a duty of care in relation to an omission to act?

A

The general rule is that no duty of care is owed in respect of an omission to act (subject to exceptions).

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10
Q

Definition: Trespass to Land

A

Direct interference with C’s exclusive possession of the land?

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11
Q

Is it a trespass if neighbour allows roots from his tree to extend under your land?

A

No, it is not tresspass if your neighbour allows roots from his tree to extend under your land. This is known as indirect interference.

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12
Q

What intention is needed for tort of trespass?

A

Intent to enter land. There is no need to intend to trespass.

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13
Q

Do you need to intend to trespass for the tort of trespass?

A

No.

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14
Q

If you don’t know the land belongs to someone else, is it still trespass?

A

Yes, it is still trespass if you don’t know whether the land belongs to someone else.

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15
Q

Can somebody setting off smells, noises or vibrations be a trespass?

A

No. But it may be the basis for a nuisance action.

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16
Q

Definition: Battery

A

Intentional direct application of force to the claimant’s person.

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17
Q

Is slightly bumping into someone when getting on the bus battery?

A

No. This is part of the generally acceptable ordinary conduct of life.

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18
Q

What is the mens rea of battery?

A

Intention to apply force.

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19
Q

What two types of duty of care are there?

A
  1. Established duty
  2. Novel duty
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20
Q

What is Res Ipsa Loquitur?

A

Imply that a duty owed was breached where there is no evidence of how a person’s harm came to be.

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21
Q

3 elements of res ipsa loquitur?

A
  1. Accident would not normally happen without negligence.
  2. No explanation of how accident happened.
  3. The thing which caused the accident is under the control of the defendant.
22
Q

Can you imply a breach of duty where there is no evidence of how the harm came to be?

A

Yes. Through the doctrine of res ipsa loquitur. This has 3 elements:

  1. Accident would not normally happen without negligence.
  2. No explanation of how accident happened.
  3. The thing which caused the accident is under the control of the defendant.
23
Q

When will an intervening act break the chain of causation?

A

A new intervening act will break the causal chain only if it was unforeseeable.

24
Q

Who can a claimant recover from if two or more people cause an indivisible injury?

A

Claimant can recover fully from either party.

If one party can prove they paid more than their share of the fault, then they can make a contribution claim from the other.

25
Q

What is contributory negligence?

A

It is a partial defence to negligence.

26
Q

What is voluntary assumption of risk?

A

Volenti non fit injuria is a complete defence.

27
Q

What type of defence is contributory negligence?

A

Partial defence to negligence.

28
Q

What type of defence is volenti non fit injury?

A

Complete defence to negligence which applies when:

  1. Claimant has full knowledge of the risk
  2. Freely and voluntarily assumes the risk.
29
Q

If a claimant knows her friend is drunk but chooses to accept a ride home and the claimant is injured due to an accident arising from the defendant’s drunk driving, can she sue?

A

No. The defence of volenti non fit injuria applies (voluntary assumption of risk).

30
Q

What type of defence is illegality?

A

A complete defence against negligence.

31
Q

What kinds of harm are pure economic loss?

A
  1. Damage to property which does not belong to the claimant.
  2. Cost of damage suffered by a defective product.
  3. Financial loss which does not flow from damage to the claimant’s person or property.
32
Q

Can consequential economic losses be recovered?

A

Yes.

33
Q

What is the rule in Hedley Byrne?

A

Damages for pure economic loss can be recovered if they result from negligent misstatements by the defendant.

34
Q

What are the 3 requirements in Hedley Byrne?

A
  1. Reasonable reliance
  2. Assumption of responsibility
  3. Special relationship of trust and confidence between the parties
35
Q

What is pure psychiatric harm?

A

Pure Psychiatric Harm is psychiatric harm that isn’t accompanied by a physical impact.

36
Q

What is consequential psychiatric harm?

A

Consequential Psychiatric Harm is when a claimant suffers psychiatric harm alongside a physical injury. Normal rules apply.

37
Q

To which form of psychiatric harm do the normal tort rules apply?

A

The normal tort rules apply to consequential psychiatric harm.

38
Q

If a claimant is hit by a car, breaks a leg and suffers psychiatric harm, what type of psychiatric harm is this and can the claimant recover.

A

This is consequential psychiatric harm and the claimant can recover under the normal tort rules.

39
Q

If a claimant is almost hit by a defendant’s negligently driven car and now has nightmares every night, what type of psychiatric harm is this and can the claimant recover.

A

This is pure psychiatric harm and a claimant can recover but there are special rules.

40
Q

What are the types of victims in a pure psychiatric harm case?

A
  1. Primary Victim
  2. Secondary Victim
41
Q

Definition: Primary Victim

A

Primary victim was in the actual danger zone.

42
Q

Definition: Secondary Victim

A

Victims outside the danger zone and:

  1. Present at the scene of the accident or immediate aftermath.
  2. Sudden shock
  3. Close ties with the person endangered by the defendant’s negligence.
  4. Psychiatric harm was foreseeable
43
Q

Definition: Secondary Victim

A

Victims outside the danger zone and:

  1. Present at the scene of the accident or immediate aftermath.
  2. Sudden shock
  3. Close ties with the person endangered by the defendant’s negligence.
  4. Psychiatric harm was foreseeable
44
Q

What is an employer’s duty of care towards his employees?

A

Duty to take reasonable care for safety of employees including a duty to take reasonable steps to reduce risk of psychiatric harm from stress.

45
Q

What must an employer ensure?

A
  1. Safe system of work
  2. Fellow staff are competent
  3. Safe plant and equipment
  4. A safe workplace
46
Q

Standard of care of employer

A

The employer must take such care as would be expected of a reasonable employer.

47
Q

Employer’s Liability (Defective Equipment Act) 1969

A

If an employee is injured by equipment with a latent defect attributable to a third party, the employer is also deemed to have been negligent.

48
Q

When is an employee vicariously liable for the torts of their employee?

A

When it is in the scope of employment.

49
Q

When will disobedience of an employer’s instructions take an act outside the scope of employment?

A

When the instruction limits the scope of employment (eg. an instruction that an employee must not drive a car).

50
Q

When will disobedience of employer’s instructions not take an act outside the scope of employment?

A

If the instruction merely limits the manner in which the employment act is carried out (eg. an instruction that an employee cannot take passengers whilst driving).

SQE 1 (7 decks)

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