Tort Law Flashcards
What is the general standard for duty of care in negligence?
The standard is that of a ‘reasonable person,’ which is an objective test to determine if the defendant’s actions fell below the expected level of care.
How does the duty of care standard differ for professionals?
Professionals are held to the standard of care expected of a reasonably competent member of their profession (Bolam test).
What is the ‘but for’ test in causation?
The ‘but for’ test asks whether the harm would have occurred ‘but for’ the defendant’s breach of duty.
What happens if there are multiple causes of harm?
Courts apply the material contribution test or apportion liability between multiple defendants.
How is remoteness of damage assessed in negligence?
The damage must be of a reasonably foreseeable type, as established in The Wagon Mound (No.1).
When can a claim for pure economic loss arise in negligence?
A claim can arise from negligent misstatement (e.g., Hedley Byrne v Heller) or, in limited circumstances, from negligent acts.
What are the requirements for a claim of psychiatric harm in negligence?
The claimant must be a primary or secondary victim and satisfy the Alcock criteria.
What is an employer’s primary liability in negligence?
Employers owe a duty to provide a safe workplace, adequate equipment, and competent staff.
What is the defence of volenti non fit injuria?
It applies where the claimant voluntarily assumed the risk of harm with full knowledge.
How does contributory negligence reduce liability?
If the claimant contributed to their own harm, their damages are reduced accordingly.
What is the defence of illegality in negligence?
The claimant cannot recover damages if the injury arose from their own illegal act.
What are the three requirements for vicarious liability?
(1) The worker must be an employee, (2) they must have committed a tort, and (3) the tort must have been committed in the course of employment.
Can an employer be vicariously liable for an intentional tort?
Yes, if the act was sufficiently connected to the employee’s duties.
What duty is owed to visitors under the Occupiers’ Liability Act 1957?
Occupiers must take reasonable care to keep lawful visitors safe on the premises.
What duty is owed to trespassers under the Occupiers’ Liability Act 1984?
A duty is owed if the occupier knows of the danger and that a trespasser may encounter it.
Can an occupier exclude liability?
Liability for personal injury cannot be excluded under the Unfair Contract Terms Act 1977 (UCTA).
What is the main case that established negligence in product liability?
Donoghue v Stevenson established the ‘narrow rule’ that manufacturers owe a duty of care to consumers.
What does the Consumer Protection Act 1987 provide?
It imposes strict liability for defective products that cause injury or damage.
What must a claimant prove in private nuisance?
Interference must be substantial and unreasonable and affect the enjoyment or use of land
How does public nuisance differ from private nuisance?
Public nuisance affects a significant portion of the public, whereas private nuisance affects an individual’s use of land.
What are the four elements of the rule in Rylands v Fletcher?
(1) A dangerous thing, (2) brought onto land, (3) which escapes, (4) causing foreseeable harm.
