Tort law

Question 1

What is Tort law?

Answer 1

Tort law is a civil wrong. It protects individuals from harm.

Question 2

What are the 7 most common Torts?

Answer 2

1. Negligence
2. Defamation
3. Private nuisance
4. Assault/battery- trespass to the person
5. Dangerous animals
6. Consumer liability
7. Product liability

Question 3

Explain Negligence and the reasonable man test

Answer 3

Negligence is an omission or breach of duty of care that a majority person would provide.

Question 4

What three things must the Claimant prove on the balance of probabilities for liability in negligence to be established?

Answer 4

1. Duty of care
2. Breach
3. Causation

Question 5

What is the neighbor principle?

Answer 5

It established if there is a duty of care

The legal basis for finding a duty of care has its roots in Donoghue v Stevenson [1932] AC 562
- commonly referred to as the “snail in a bottle case”, whereupon it was held that a general duty of care could be said to exist between two parties under the ‘neighbor principle’.

Question 6

Explain the Caparo three-part test

Answer 6

Used to determine a duty of care

1. Proximity (Alcock v Chief Constable of South Yorkshire Police [1991])
2. Fairness
3. Feasibility

Question 7

What are the exceptions to the general rule in the Caparo test?

Answer 7

1. Third-party
2. Public sector
3. Omission to act if you do not have a position of responsibility/authority/created a risk

Question 8

What is meant by the reasonable man?

Answer 8

The majority person and how he would act in a situation

(Hall v Brooklands Auto-Racing Club [1933])

Question 9

Explain what is meant by the Standard of Care and the breach of that duty

Answer 9

Standard of care is what a reasonable person would do in that situation and a breach is a failure to do so

(Dunnage v Randall and another [2015])

Question 10

5 important factors to consider when considering a breach of duty

Answer 10

1. Magnitude of the risk
2. Predictability of precautions
3. Social utility of the activity- did they act to avoid greater harm
4. Inexperience
5. Bolam for medical professionals

Question 11

2 legal principles to prove causation

Answer 11

Factual causation- but for test (Barnett v Chelsea and Kensington Hospital Management Committee [1969])
Legal causation- remoteness (The Wagon Mound [1961])

Question 12

What would a break in the chain mean for the case?

Answer 12

This would mean an unsuccessful claim- it is where the defendant’s actions cannot be said to be the sole cause of the loss

Question 13

3 things to consider when determining if something is an intervening act

Answer 13

1. Foreseeable
2. In the contemplation of the parties
3. Just the sort of thing likely to happen

Question 14

What amounts to a break in the chain

Answer 14

1. Caused by the claimant Spencer v Wincanton [2009] EWCA Civ 1404
2. Caused by a third-party The Oropesa [1943] p32
3. Natural (Carslogie Steamship Co v Royal Norwegian Government [1951])

Question 15

4 common defences in negligence

Answer 15

1. Limitation
2. Mitigation.
3. Contribution (partial defence)
4. Consent (volenti non fit injuria)

Question 16

Remedies available to the claimant

Answer 16

1. Damages
2. Injunctions
3. Restitution

Question 17

In a claim for Housing Disrepair in what situation would negligence apply?

Answer 17

If personal loss has come about as a result of a breach of a duty of care

Question 18

In a claim for Housing Disrepair in what situation would the Tort of Private Nuisance apply? (Section 4 of the Defective Premises Act)

Answer 18

If there has been a defect in the premises in a block of flats for example which has impacted your home

Question 19

In a claim for Housing Disrepair in what situation would the Tort of Statutory Nuisance apply (Environmental Protection Act 1990)

Answer 19

If the disrepair is so bad that it is harmful to health

Question 20

What Duty of Care is owed to the Claimant by the Landlord?

Answer 20

To provide safe housing in accordance with the right to enjoyment. A landlord’s duty of care to a claimant is to take reasonable care to prevent personal injury or property damage caused by defects in the property

Question 21

Public Nuisance

Answer 21

This is where the comfort or quality of life of the public or a group of people is affected.

Question 22

General damages

Answer 22

General damages can be categorised as monetary compensation for assessed future pecuniary loss and past and future non-pecuniary losses.
o Loss of future income;
o Pain and suffering;
o Loss of amenity including loss of hobbies;
o Costs associated with treatment – nursing, equipment, possible alterations to house;
o Costs of bringing up child.

Question 23

Special damages

Answer 23

Special Damages are monetary compensation for actual pecuniary loss to date of trial.
* Loss of income – date of accident to date of trial;
* Costs of treatment – to trial;
* Expenses resulting from accident to date of trial etc.

Question 24

Eggshell or thin skull rule

Answer 24

R v Blaue [1975] take your client as you find them

Question 25

Limitation

Answer 25

3 years

Question 26

Difficulties with personal injury/Tort claim

Answer 26

May not be strong enough evidence for stand-alone case in tort, may require more assessment, smaller limitation