Tort Law

Question 1

Duty of Care Test for Novel Situations

Answer 1

Caparo Test:
1. Reasonably foreseeable harm to C.
2. Sufficient Proximity.
3. Is it Fair, Just and Reasonable.

Question 2

Is there a duty of care for omissions to act?

Answer 2

No - However, there are some situations which may give rise to a duty, such as:
- The duty to not make things worse.
- Duty to act if they have some power over the situation.

Question 3

What is the breach of duty standard?

Answer 3

The “reasonable person” (objective standard)

Question 4

What is the standard test for standard causation?

Answer 4

“But for” test

Question 5

What is the test for causation where there are multiple potential defendants?

Answer 5

Did the defendants breach “materially contribute” to the damage.

Question 6

Remoteness of Damage Test

Answer 6

Was the damage reasonably foreseeable?

Question 7

Does a D owe a C a duty of care to not cause pure economic loss?

Answer 7

No - Pure economic loss may include:
- Defective Item
- Economic loss from damage to 3rd party property

Question 8

Test for negligent misstatements

Answer 8

Did D have a special relationship and act on the advice of another, to their detriment.

Question 9

Primary Victim

Answer 9

Actually involved in the incident i.e. they were in danger, or reasonably believed they were in danger (Physical)

Question 10

Secondary Victim

Answer 10

• Foreseeability of Psychiatric Harm
• Proximity of Relationship
• Proximity of Time/Space
• See’s with their own unaided sense.

Question 11

What is the Employers duty to provide?

Answer 11

1. Safe Place of Work
2. Safe Plant/Machinery
3. Competent Staff

Question 12

Consent (Defence)

Answer 12

C had full knowledge of the nature/extent of the risk, and willingly consented to that risk

Question 13

Illegality (Defence)

Answer 13

That there is a close relationship between the illegal act, and the injury which was suffered.

Question 14

Contributory Negligence

Answer 14

The C contributed towards their injuries. Set amounts include:
- Seatbelt (where no damage would have been caused otherwise) - 25%
- Seatbelt (where made damage worse) - 15%
- Seatbelt (where would have changed nothing) - 0%

Question 15

Is it possible to exclude liability for death/personal injury?

Answer 15

No

Question 16

Law Reform (Miscellaneous Provisions) Act 1934

Answer 16

A deceased claimant can claim for
- Pain/Suffering
- Damage to Property
- Medical and other expenses
- Loss of income up to death.

Question 17

Fatal Accidents Act 1974

Answer 17

A claim can be brought:
- Behalf of the dependants for loss of dependency (Married/children)
- Claim for Bereavement (Wife/Husband and then parents)
- Funeral expenses

Question 18

Vicarious Liability Test

Answer 18

1. Is the employee a ‘worker’
2. Did the Employee commit a tort?
3. Was the tort committed during the course of his employment?

Question 19

Occupiers Liability Act 1957 (Visitors)

Answer 19

1. Suffered loss due to the state of the premises
2. Who had ‘sufficient degree of control’ over the premises.
3. Are they a visitor?
4. Did the occupier fail to take reasonable care of the visitors safety?

Question 20

Occupiers Liability Act 1984 (Trespassers)

Answer 20

1. The occupier was aware of the danger/had reasonable grounds to believe it existed.
2. The occupier knew, or had grounds to know, that the trespasser was in the vicinity.
3. The occupier could be reasonably expected to offer some protection against the risk

Question 21

Product Liability (Donoghue v Stephenson)

Answer 21

1. The defendant must be the manufacturer.
2. The item causing damage is a product.
3. The claimant is the consumer.
4. The product must reach the consumer, in the form it left the manufacturer.

Question 22

Consumer Protection Act 1987

Answer 22

Anyone who can establish that they have suffered harm, caused by a defect in a product, may claim.
- Personal injury can be claimed.
- Personal property (over £275)
- No business property

Question 23

Private Nuisance

Answer 23

An unlawful interference with a person’s use, or enjoyment, of the land or some right over, or in connection, with it.

Question 24

Rylands v Fletcher

Answer 24

1. D brings onto the land, for their own purposes, something which is likely to do mischief (i.e. water, cattle etc).
2. It escapes.
3. Which represents a non-natural use of the land.
4. It causes foreseeable damage of the relevant type

Question 25

Public Nuisance

Answer 25

An act or omission that endangers the life, health, property or comfort of the public or obstructs the public in the exercise or enjoyment of rights common to all Her Majesty’s subjects.