Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

SQE 1 > Tort Law - FLK 1 > Flashcards

Tort Law - FLK 1 Flashcards

1
Q

What is negligence?

A

A claim where a defendant has breached a legal duty to take care, and a result of that breach, damage has been caused to the claimant.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What are the three main elements of the tort of negligence?

A
  1. D must owe C a duty of care
  2. D breached of duty
  3. Breached caused damage to C
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What are the three types of harm negligence protects against?

A
  1. Personal injury
  2. Damage to property
  3. Economic loss
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What are the factors of a negligence claim?

A

Duty of care, breach of duty, causation of damage

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What is the test for duty of care?

A

Caparo v Dickman:
1. Is the damage foreseeable?
2. Was there a relationship of proximity between the claimant and defendant?
3. Is it just and reasonable to impose a duty of care?

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is the test for duty of care for omissions?

A
  1. D as a high degree of control over C
  2. D has assumed responsibility for C
  3. D creates a dangerous situation and fails to stop it or makes it worse
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is the standard of care (general and professional)?

A

General: objective - standard of reasonableness

Professional: according to degree/level of skill

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is the test for proving breach of duty?

A

Balance of probabilities

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is single and multiple causation?

A

Single: ‘but for’ test

Multiple: material contribution test

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What can break the chain of causation?

A

Intervening acts:
- third party
- claimant’s actions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is the test of remoteness for the claimant?

A

The claimant must prove that the damage was not too remote from the defendant’s breach.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is the reasonable foreseeability test?

A

D is liable for damage which was reasonably foreseeable at the time when the defendant breached their duty.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What is the egg shell rule?

A

D is liable for the full extend of the damage even if the full extent was not reasonably foreseeable, due to some weakness in C.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is the remedy for personal injury claims?

A

damages

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What are the types of damages?

A
  1. General damages - resulting from the breach
  2. Special damages - resulting as an expense to treat breach
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What are the principles that damages are subject to?

A
  1. Measure of damages
  2. Mitigation of loss
  3. The one action rule
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What are the two types of compensatory damages?

A
  1. Pecuniary damages - losses which are mathematically calculable in money terms
  2. Non-pecuniary damages - not mathematically calculable
18
Q

What is negligent misstatement?

A

Provides an exception to the exclusions regarding remedies for pure economic loss.

19
Q

What are the possible claims for psychiatric harm?

A

Claims for medically recognised psychiatric illnesses.

20
Q

What are primary and secondary victims to psychiatric harm?

A

Primary victims are actually involved in the incident

Secondary victims are not involved (e.g. bystander)

21
Q

What are the requirements of the Alcock control mechanisms for secondary victims?

A
  1. Foreseeability of psychiatric harm
  2. Proximity of relationship
  3. Proximity in time and space
  4. Proximity of perception
22
Q

What are employer’s primary liabilities?

A

Duty to take reasonable steps to provide:
1. Competent staff
2. Adequate materials
3. A proper system of work and supervision
4. A safe place of work

23
Q

What is consent as a defence?

A

Voluntary assumption of risk - complete defence

Test:
1. C’s knowledge of risk
2. C’s consent

24
Q

What is contributory negligence as a defence?

A

When C is partly to blame for the damage or its extent - partial defence

Test:
1. Carelessness on the claimant’s part
2. That carelessness has contributed to the claimant’s damage

25
Q

What is illegality as a defence in tort?

A

Court will not help a claimant gain damaged who has been injured by doing an illegal act - complete defence.

Test:
1. Close connection
2. Public policy

26
Q

What is necessity as a defence?

A

Justifying a course of action in response to a threat or greater harm.

27
Q

What is vicarious liability?

A

Where the employer is held liable to a third party for the tort committed by their employee.

28
Q

What is the three stage test to whether vicarious liability should apply?

A
  1. Was the tortfeasor and employee of D?
  2. Did the employee commit a tort?
  3. Was the tort committed in the court of employment?
29
Q

What is occupier liability?

A

Occupiers of land owe a duty to people who come onto their land, visitors and trespassers.

30
Q

What are the defences for occupiers liability?

A

contributory negligence, consent, and use of warnings.

31
Q

What is product liability?

A

Producers of defective products owe a duty of care in negligence to the buyers and users of the products where anyone injured or caused loss may sue.

32
Q

What is nuisance?

A

Protects the rights to use and enjoy land against interference from others.

33
Q

What is private nuisance?

A

A tort to protect an individual in the enjoyment of their own property

34
Q

What must the claimant prove for private nuisance?

A
  1. Unlawful interference with their enjoyment of land
  2. Interference was unreasonable
  3. Damage caused by the interference
35
Q

What is public nuisance?

A

A crime but also creates a cause of action in tort. An act or omission that endangers life, health, property, or comfort of the public or obstructs the public in the exercise or enjoyment of rights common to all persons.

36
Q

What are the remedies for private nuisance?

A
  1. Injunctions
  2. Damages
  3. Abatement
37
Q

What are the damages for private nuisance?

A
  1. Statutory authority
  2. Alternative statutory remedies
  3. Prescription
  4. Coming to the nuisance
38
Q

What are the remedies for public nuisance?

A
  1. Injunctions
  2. Damages
39
Q

What are the damages for public nuisance?

A
  1. Statutory authority
  2. Alternative statutory remedies
40
Q

What is the rule in Rylands v Fletcher?

A

Type of private nuisance that covers the situation where there is an escape of something dangerous in the course of a non-natural use of land

SQE 1 (10 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions