Tort Law AO1

Question 1

Negligence

Answer 1

1. Definition of Negligence
2. Where there is a pre-existing/ analogous situation, Robinson is used
3. Breached duty of care (ordinary person, professionals, doctors, learners and children)
4. Risk Factors (size of risk, special characteristics, knowledge of risk, public benefit, cost and effort)
5. Factual causation (But For test)
6. Legal causation (intervening acts)
7. Remoteness of Damage
8. Type of injury must be foreseeable

Question 2

OLA 1957

Answer 2

1. Definition (loss or injury suffered on the premises due to the state of the premises)
2. Defined occupier and premises
3. Listed categories of lawful visitor (invitee, licensee, statutory, contractual)
   -Adult visitors (common duty of care to keep them reasonably safe)
   -Child visitors (special duty of care to keep them reasonably safe for a child of that age)
   -Allurements
   -Parental supervision
   -Contractors (must guard against risks of their trade)
   -O can shift the blame under S2(4)(b) reasonable, competent, check work is done properly
4. Warning signs (must be clear and effective)

Question 3

OLA 1984

Answer 3

1. Definition (loss or injury suffered by the visitor on the premises due to the state of the premises)
2. Defined occupier and premises
3. Personal injury only, not property damage
4. To establish if a common duty exists, courts will apply s1(3)
   (a) The O is aware of the danger or has reasonable grounds to believe it exists
   (b) The O knows or has reasonable grounds to believe the trespasser is in the vicinity of the danger
   (c) The risk is one which the O is reasonably expected to protect the trespasser against
5. Under s1(4) the O is under a duty to take reasonable care to ensure T doesn’t suffer injury
6. Children are treated the same as adults
7. The O is not expected to go to extreme costs to guard against obvious dangers
8. The O has no duty where T has willingly took the risk

Question 4

Nuisance

Answer 4

1. Definition (indirect, unreasonable interference with C’s use or enjoyment of the land)
2. Defined Claimant (proprietary interest) and Defendant
3. Nuisance must be indirect (loud noises- Hollywood silver fox farm)
4. Must be indirect, different if there is physical damage as it will be a prima facie claim
5. Unreasonableness factors
   -Locality
   -Time and Duration
   -Seriousness
   -Hypersensitivity
   -Malice
6. Foreseeability
7. Defences (planning permission, prescription, statutory authority)
8. Remedies (damages, abatement, injunction)

Question 5

Rylands v Fletcher

Answer 5

1. Definition (a strict liability tort where D will be liable for the escape of a thing that they have brought onto the land, accumulated and used in a non-natural way)
2. C can only claim for property damage, not personal injury
3. Definition of claimant and defendant (occupier of the land- Read v Lyons)
4. The defendant must bring the thing onto the land and accumulate it, not naturally occurring
5. Mischief (must be likely to cause mischief if it escaped)
6. Non-natural way (‘extra-ordinary and unusual’- locality, storage, quantity)
7. Must be reasonably foreseeable property damage (Cambridge Water v Eastern)
8. Defences (Act of God, Act of stranger, Volenti, contributory negligence, statutory authority)

Question 6

Vicarious Liability

Answer 6

1. Definition (imposes liability on an employer for the wrongful actions of their employee) and parties
2. The tortfeasor must commit a tort, intentionally or unintentionally
3. Lady Hale’s Guidance (independent contractors- if it is clear T is carrying out his own business)
   4.Traditional tests of employment (Integration, control, multiple)
   5.Analogous situations ‘akin to employment’ and non-delegable situations
   6.CBC criteria (employer is more likely to have means to compensate C, has control over T)
4. Unintentional torts
   - Acting against orders (London v Limpus General)
   - Negligent Act (Century Insurance)
   - Frolic of their own
5. Intentional Torts (Close connection test)
   - nature of T’s job role
   - sufficient connection between the role of employee and the wrongful actions caused by

Question 7

Negligence- Duty of Care

Answer 7

1.Definition
2.Definition of duty of care (legal relationship between parties)
3. Robinson Approach
4. Analogous cases
5. Caparo test
6. Foreseeable (Kent v Griffiths)
7. Proximate
8. Fair, just and reasonable

Question 8

Negligence- Breach of duty

Answer 8

1. Definition
2. Reasonable man standard
3. Professionals
4. Learners
5. Children
6. Knowledge of Risk
7. Size of risk
8. Cost and Effort required for precautions

Question 9

Negligence- Causation

Answer 9

1.Definition
2. Factual causation- But For test
3. Legal causation- chain of causation
4. Act of God
5. Act of claimant
6. Act of third party
7. Remoteness
8. Thin Skull Rule