Tort Law Overview and Key Concepts

What is a key requirement for proving liability for pure psychiatric harm?

Pure economic loss is typically recoverable in negligence cases without any special relationship between the parties.

What defines a trespasser?

The employer is held liable for the torts committed by their employees during the course of their ______.

Match the type of harm to its correct description:

What is one way a special relationship might be established in cases of pure economic harm?

Landowners owe a strict duty of care to all individuals on their property.

What is a primary factor in determining vicarious liability?

Which of the following types of damages is awarded when no significant financial harm is proven?

Occupiers have a duty of reasonable care to all visitors on their property without exception.

What type of liability is concerned with harm caused by defective products?

Trespassing is defined as the unlawful entry onto ______ belonging to another person without permission.

Which type of remedy is designed to punish the defendant and deter future wrongdoing?

List the key elements typically required to establish a tort.

Match the type of visitor to the corresponding standard of care owed by the occupier:

In product liability cases, strict liability means that a manufacturer can be found liable regardless of intent or negligence.

What is the primary aim of damages in tort law?

In contract law, the obligations between parties are imposed by law regardless of an agreement.

What is a key difference between tort and contract in terms of liability?

In contract law, damages aim to put the claimant into the position they would have been in had the contract been ______.

Match the following legal terms with their descriptions:

What is the primary function of a tort claim?

Tort claims are typically brought by a public official.

What term is used to describe a person who commits a tort?

The body of civil law that deals with the compensation of wrongs committed is known as ______.

Which of the following situations exclusively involves tortious consequences?

Match the following remedies with their descriptions:

An occupier has a strict duty of care to all visitors on their property without exception.

What is one remedy a claimant may seek in tort law besides financial compensation?

According to the present rule derived from The Wagon Mound case, which of the following statements is true?

In negligence cases, defendants are always responsible for all forms of harm, regardless of foreseeability.

In the case of Jolly v Sutton, what type of harm did the claimant argue resulted from the defendant's negligence?

The London Borough of Sutton failed to remove the abandoned boat, which ultimately resulted in the ______ of one of the boys.

Match the party to their likely argument regarding the interpretation of harm in the Jolly v Sutton case:

Which of the following types of negligence defenses could potentially apply in C's case?

C's decision to ignore the hard hat requirement could be considered contributory negligence.

What is the legal term for harm caused by an individual voluntarily assuming the risk of harm?

An occupier has a legal duty to take reasonable care to ensure the safety of __________ on their property.

Match the type of damages with its description.

In the context of occupiers' liability, which of the following scenarios would typically require a higher standard of care?

What must the defendant demonstrate to defend against a negligence claim based on breach?

A defendant in a negligence case can always shift the burden of proof to the claimant.

What is the essence of the volenti defense?

Employers can often successfully use the volenti defense against employees.

What are two conditions that must be met for the volenti defense to apply?

In cases involving contact sports, players accept certain inherent risks, but that does not mean they agree to not ______ another player who negligently injures them.

Match the term with its correct description:

Under what condition is the volenti defense likely to succeed?

A claimant can never recover damages if they contribute to their own injury.

What happens to the defense of volenti when rescuers are involved?

Which of the following is an example of pure economic loss?

Consequential economic loss can be recovered if it results from physical damage.

What is the general rule regarding a defendant's duty of care concerning pure economic loss?

Fred's £515 total incurred due to repairs and storage is classified as ______ economic loss.

Which of the following parties can typically claim damages for pure economic loss?

Money loss resulting from a physical injury is classified as pure economic loss.

Match the following types of losses with their definitions:

What type of loss did Fred incur for his shed replacement?

What must the claimant prove to establish a breach of duty in a negligent financial advice case?

A defendant can exclude liability without providing any notice to the claimant.

What key element must be proven along with breach of duty in a negligence claim?

Exclusions of liability are limited by the ______ in 1977 and the Consumer Rights Act in 2015.

Match the following terms with their correct descriptions:

What is an example of a common defense in cases of negligent statements and services?

Causation of damage is established when the claimant shows they suffered a loss due to the advice given.

What case is referenced as being relevant in establishing breach of duty for negligent advice?

What could happen if the law allowed recovery for pure economic loss and pure psychiatric harm without limits?

The law restricts recovery for pure economic loss and pure psychiatric harm to prevent boundless liability for defendants.

What is meant by 'limited duty' situations in the context of negligence claims?

The negligence of the ______ has caused their readers to lose money on their investment.

Match the scenario to its type of harm:

Why does the law not hold the journalist and train company liable for negligence resulting in economic loss and psychiatric harm?

Claimants can recover damages for pure economic loss even without a special relationship with the defendant.

What is a significant risk posed if claimants were allowed to recover limitless damages for pure economic loss?

Which of the following is a key reason that defendants generally do not owe a duty of care for pure psychiatric harm?

A defendant can be held liable for pure psychiatric harm if there is sufficient proximity between the claimant and the defendant.

What is generally required for a claimant to establish a duty of care in a case of pure psychiatric harm?

In the case of bystanders suffering psychiatric harm, the defendant's potential liability could be ______ to an indeterminate number of claimants.

Match the type of harm to its description:

What is a significant difference between the train company scenario and the motorist scenario regarding duty of care?

Courts generally allow claims for pure psychiatric harm due to the close relationship observed between defendants and claimants.

Why are courts cautious about allowing claims for pure psychiatric harm?

In the example of Alison missing her train, what type of loss does she incur?

Conrad is liable for the extra train ticket cost incurred by Alison due to his negligence.

What must be demonstrated for a claimant to recover economic losses related to property damage?

The power cut in Spartan Steel resulted from the defendant's negligence causing damage to a cable owned by a ______.

Match the following economic loss examples with their descriptions:

What type of economic loss could Spartan Steel not recover for?

In cases of negligence, the claimant can recover for all forms of economic loss regardless of their connection to property damage.

In Spartan Steel's case, what was the direct result of the damaged electricity cable?

Which of the following is NOT a requirement for secondary victims to establish a duty of care for psychiatric harm?

Foreseeability of psychiatric harm for primary victims requires that some physical injury is foreseeable.

What are the 'Alcock control mechanisms'?

The claimant must see or hear the accident or its immediate aftermath with their own ______.

Match the requirement to its description for secondary victims:

In the Supreme Court case Paul and another v Royal Wolverhampton NHS Trust, what was the result for the claimant who suffered psychiatric injury?

Primary victims must prove that the risk of psychiatric harm is foreseeable.

Name one condition that must be satisfied for a secondary victim to be owed a duty of care for psychiatric harm.

Under the Fatal Accidents Act 1976, what percentage of loss is considered when calculating loss of dependency for a deceased who had dependents?

Funeral expenses can only be claimed if paid for by the estate of the deceased.

Name the act under which bereavement awards are payable to those on the statutory list.

The amount of compensation for pecuniary losses is calculated using ______.

Which of the following is NOT a component of the deceased's claim for damages?

Match the components of compensation with their descriptions:

The Judicial College Guidelines are used to determine the amount of compensation for loss of earnings.

What method is used to calculate loss of dependency in fatal accident claims?

Under which conditions can a deceased claimant's estate commence a claim?

The 1934 Act is applicable when a claimant has already settled their claim before death.

What does the Fatal Accidents Act 1976 allow the estate of a deceased claimant to claim for?

If a claimant dies during legal proceedings, their personal representative can ______ the claim on behalf of the estate.

Match the type of damages with their descriptions:

Who is eligible to claim damages for a deceased claimant's estate?

The damages awarded to a claimant should account for their likely reduced life expectancy after suffering an injury due to negligence.

What does it mean if a claimant has died 'intestate'?

What does the Law Reform (Miscellaneous Provisions) Act 1934 allow?

Under the 1934 Act, damages claimed by the estate can be reduced by any insurance money received due to the death.

Which act governs the claims of dependent relatives when a claimant dies due to a tort?

Claims for ______ and bereavement damages do not survive under the 1934 Act.

In the case where the claimant's death is caused by the defendant's actions, what happens to the claim for loss of income?

Under the 1934 Act, any money the estate has to pay because of the death is taken into account for damages claims.

A claim by the claimant survives for the benefit of their ______.

Which of the following is NOT a reason for machinery becoming inadequate for employee use?

The Employer’s Liability (Defective Equipment) Act 1969 allows an employee to sue their employer instead of the manufacturer for defective equipment.

What must an injured employee establish to prove fault under the Employers Liability Act?

An employer’s duty to provide a ____ system of work includes training and safety measures.

Match the following inadequate equipment issues with their descriptions:

Which of the following is included in an employer's duty to provide a safe system of work?

An employer is only responsible for damages caused by defective equipment if they were aware of the defects.

What does an employer’s duty to maintain equipment entail?

What is a key element an employer must ensure for a safe system of work?

An employer has a non-delegable duty to ensure a safe work environment for employees.

What must an employer do to comply with the duty of providing a safe workplace?

Under the Occupiers' Liability Act 1957, an employer is considered an __________ in relation to the work premises.

Match the following concepts with their descriptions:

Which of the following is NOT a reasonable step an employer should take to ensure a safe system is implemented?

An employee can be held accountable for failing to adhere to a safe system of work.

What constitutes a safe system of work?

What is one of the duties defined by the House of Lords regarding an employer's responsibility towards employees?

An employer can delegate the responsibility of ensuring employee safety to an independent contractor.

What does the term 'non-delegable duty' mean in the context of employer responsibility?

The House of Lords added a fourth duty to the employer's responsibilities, which is to provide a ______ place of work.

Match the following employer duties with their descriptions:

In the example of Fiona, why is the factory liable for her injury?

An employer can escape liability for an incident at work if the employee was negligent.

Name one practical implication of the employer's non-delegable duty.

What must an occupier demonstrate to avoid liability when employing an independent contractor?

An occupier can rely on a general notice warning visitors of all risks to avoid liability.

What is the legal term that allows an occupier to discharge their duty of care by warning visitors?

An occupier must provide an adequate _____ to ensure the safety of visitors on their premises.

Match the following concepts related to occupiers' liability:

Which of the following is NOT a prerequisite for the defense of volenti non fit injuria to apply?

An occupier can completely discharge their duty of care by displaying a general warning sign.

In the context of an occupier's duty, what type of care is required regarding plant and equipment?

What is a reasonable step an occupier can take to ensure a contractor's competence?

An occupier is expected to verify that all aspects of a contractor's work are completed to their satisfaction.

Under section 2(4)(b) of the 1957 Act, what types of work does the occupier's duty of care apply to?

In the case of Haseldine v Daw & Son Ltd, the court determined that an occupier could not reasonably check __________ maintenance themselves.

What is generally considered a reasonable action for an occupier when hiring a contractor?

Match the following cases with their key outcomes regarding occupiers’ liability:

It is common for courts to find occupiers unreasonable for employing independent contractors.

What does the ability to discharge an occupier's duty of care depend on concerning the type of work?

What was the court's main consideration in determining liability in relation to the children in the building site case?

Occupiers are not held liable for injuries sustained by children if they could reasonably expect the presence of responsible guardians.

In the Bourne Leisure Ltd v Marsden case, what was the main reason the holiday park was not found liable for the child’s drowning?

The occupier is obligated to make the premises reasonably safe for visitors accompanied by a __________.

Match the following legal principles with their descriptions:

Which of the following describes the duty of care that an occupier owes to skilled visitors?

An occupier can be held liable for injuries if the premises are unsafe for visitors regardless of their age or experience.

What is the primary factor that influences an occupier's liability towards very young children?

Which statement is true regarding liability under the Consumer Protection Act 1987?

Under the CPA 1987, a defendant can limit their liability for death or personal injury.

What is the primary purpose of the Consumer Protection Act 1987?

Under Hadley v Baxendale, what is the main requirement for damages to be recoverable?

The Consumer Protection Act 1987 provides for a standard of negligence that requires the claimant to prove fault on the part of the manufacturer.

Liability in negligence for other loss or damage can be excluded if the ______ test is satisfied.

Match the following cases with their significance regarding consumer protection:

What are the two sections of the Consumer Rights Act 2015 that impose strict liability?

In the context of contributory negligence, what can happen to compensation?

The duty of care in negligence usually extends from the __________ to the consumer.

Match the law with its primary focus:

The CPA 1987 allows for an exclusion of liability in cases involving consumers.

What must a defendant show to successfully claim the reasonableness defense under UCTA 1977?

In terms of claims for defective products, which of the following provides the broadest recovery for losses?

In cases involving product liability, a claimant must always prove that the defendant acted negligently.

What must be proven for a claimant to establish a breach of duty under the Consumer Protection Act 1987?

What ramification may occur if a manufacturer is found liable under the Consumer Protection Act 1987?

A claimant can recover for damages caused by defects in a product as long as the injury occurred during business hours.

What is one requirement for damage to be recoverable under the Consumer Protection Act?

Under the Consumer Protection Act, if a product is deemed ______, then there may be grounds for liability.

Match the terms related to proof of breach with their descriptions:

Which of the following is NOT a valid defense under negligence claims?

A claimant must prove that the defect in the product caused the damages in order to have a claim under the Consumer Protection Act.

What are the potential defendants in a claim under the Consumer Protection Act?

Which type of claim would be most appropriate if a claimant complains of unreasonable interference due to noise and smells?

A claim in negligence can result in an injunction being granted.

What is one characteristic that differentiates the rule in Rylands v Fletcher from typical negligence claims?

A claimant cannot bring a private nuisance claim if they do not have a __________ interest in the affected land.

In which of the following situations would a claim in private nuisance be more appropriate than a claim in negligence?

Match the following elements to either 'Nuisance Claim' or 'Negligence Claim':

Under the rule in Rylands v Fletcher, the occupier is only liable if they were negligent.

What must a claimant prove in a negligence claim that they do not need to prove in a private nuisance claim?

What distinguishes a private nuisance claim from a negligence claim?

A claimant can seek an injunction as a remedy in a negligence claim.

What type of harm must a claimant demonstrate to succeed in a negligence claim in contrast to a private nuisance claim?

Personal injury and damage to personal property are generally actionable in _____ claims but not in private nuisance claims.

Match the following aspects to the correct legal claim:

Which of the following does NOT constitute a type of damage for negligence?

In what landmark case was the scope of private nuisance clarified regarding personal injury?

In a private nuisance claim, only claimants with a proprietary interest in land can bring forth a claim.

What is a key characteristic that distinguishes private nuisance from negligence?

A claimant can pursue a negligence claim for intangible damage.

In private nuisance claims, what must a claimant show regarding their interest in the land?

Negligence hinges on whether the defendant has fallen below the standard of a __________.

Which of the following factors is considered when determining liability in private nuisance?

Match the concepts to their definitions:

Which of the following statements about the concept of reasonableness is true?

In negligence cases, a defendant can be found liable even for isolated acts.

What is a key factor in determining whether to file a claim in private nuisance rather than negligence?

Claimants in a negligence claim can seek an injunction to prevent future harm.

What type of liability is established by the rule in Rylands v Fletcher?

In a case of private nuisance, a claimant may seek damages for unreasonable interference with the ______ and enjoyment of land.

Match the types of claims with their primary characteristics:

Which of the following is NOT a circumstance in which a private nuisance claim would be more appropriate?

The rule in Rylands v Fletcher only applies when there is proof of negligence by the land occupier.

Under what condition would a claimant be required to file a claim in negligence instead of private nuisance?

What is required to sue for private nuisance?

What type of damage can lead to a claim in negligence?

Negligence claims require continuity of the harmful event to establish liability.

Private nuisance claims can address personal injury.

What is the primary standard used to evaluate liability in negligence claims?

In private nuisance claims, a defendant can still be held liable even if they have exercised __________ care.

What is one potential remedy for a successful private nuisance claim?

Match the following terms to their definitions:

A claim in private nuisance is intended to protect a claimant's interest in ______.

Which aspect is considered in evaluating private nuisance claims?

Match the following legal concepts with their descriptions:

Which of the following statements best describes a key difference between private nuisance and negligence?

Intangible damage can form the basis for a negligence claim.

Identify one key difference between private nuisance and negligence.

Only tangible damage can lead to a private nuisance claim.

Under the Rylands v Fletcher rule, the defendant is liable for harm caused by the escape of ______ from their land.

Which of the following statements is true regarding the liability for breach of statutory duty?

Contributory negligence is a defense that cannot be applied in claims for breach of statutory duty.

What is one advantage of pursuing a claim for breach of statutory duty over a claim in negligence?

The ____ of a statutory duty may be more advantageous if the statute imposes strict liability.

Match the statutory duty elements with their descriptions:

Which statute imposes liability for damage caused by dangerous animals?

Breaches of statutory health and safety regulations made under the HSWA 1974 can always give rise to a civil claim.

What must a court determine to conclude that a statute allows a civil claim?

Liability for breach of statutory duty is typically _____ under the relevant statute.

What was the key change made by the ERRA 2013 regarding civil liability?

Curtis v Betts established that defendants must always be at fault to be held liable for breach of statutory duty.

In the context of breach of statutory duty, what is meant by 'strict liability'?

What is the first step a court takes in evaluating a claim for breach of statutory duty?

If a statute expressly states no civil action can be taken for breach, a claim in tort will still likely succeed.

What must a court consider if the statute does not indicate whether a civil claim can be brought?

A statute that protects a _____ class of people is more likely to give rise to a claim in tort.

Match the statute with its stance on civil claims:

Which of the following factors is unlikely to support a claim in tort?

A substantial fine within a statute makes it more likely that a claim in tort will be allowed.

What does the presence of an effective sanction in a statute imply about claims in tort?

If a statute provides that any sanction may be applied ______, it does not indicate civil liability.

What is an important factor when determining if civil liability exists under a statute?

If the statute does not provide a sanction, it is guaranteed that a claim in tort can be pursued.

In Groves v Lord Wimborne, why was the original fine deemed inadequate?

Claims for breach of statutory duty are evaluated based on a variety of factors, with no single factor being ______.

Match the following factors with their implications on tort claims:

Which element is NOT part of the tort of breach of statutory duty?

A statute that expressly states no claim in tort will lie for any breach is conclusive.

What are the four principal elements of the tort of breach of statutory duty?

In a breach of statutory duty case, the claimant must demonstrate that the events complained of fall within the wording of the ______.

Match the case with its outcome related to breach of statutory duty:

In Stark v Post Office, what was essential for establishing breach of statutory duty?

Strict liability means that the defendant can avoid liability if they were not at fault.

What must the claimant show regarding damage in a statutory duty breach case?

A claimant injured due to a breach must be within the '______' class as defined by the statute.

In which scenario would a claim for breach of statutory duty most likely fail?

A statute providing for compensation is a definitive indication that no claim in tort will lie.

What was the key issue in the case of Stark v Post Office regarding the bicycle?

The statute was aimed to prevent the spread of ______ diseases among animals.

What does the case of Gorris v Scott highlight regarding statutory claims?

What is the primary responsibility of the court concerning the statute in breach of statutory duty cases?

Provide an example of a statutory offence that incurs liability for omission.

What is a key factor that must be established for contributory negligence to apply?

Which statement is true concerning the defendant's ability to reduce a claimant's damages?

In the case of contributory negligence, which of the following is NOT a requirement?

What does the Law Reform (Contributory Negligence) Act 1945 govern?

Which situation exemplifies contributory negligence in legal terms?

What must be proven for a court to apply the defense of contributory negligence to a claimant?

In a case where the claimant did not wear a crash helmet, what is most likely regarding their damages if another party was wholly negligent?

Which of the following best summarizes the importance of the causal link in contributory negligence cases?

Which of the following best explains the duty of care that the hospital owes to the claimant in the case of the Bunsen burner explosion?

In the context of the cricket balls hitting the man's property, which statement about liability is correct?

Which of the following would not be considered a factor in establishing a duty of care in the Bunsen burner case?

What misconception might one have about the imposition of a duty of care based on the claimant's experience?

If the Bunsen burner case was considered novel, which test would the claimant need to satisfy?

Why might the hospital's expert insist there was no breach of duty in the case involving the Bunsen burner?

Considering the cricket club's duty of care, what could undermine the man's claim for damages?

Which option best illustrates a misunderstanding about the role of proximate relationship in duty of care assessments?

Which statement best explains why the cricket club may not be in breach of their duty of care?

What must a claimant demonstrate to succeed in a negligence claim?

Which of the following accurately reflects the principle regarding remoteness of damage in negligence?

What is the significance of an intervening act in determining negligence?

Which statement about the liability of defendants in negligence claims is true?

In the context of the cricket club, what consideration is not relevant to a court's decision on negligence?

Which of the following statements about causation in negligence is incorrect?

What rule applies when a defendant's liability extends beyond what is reasonably foreseeable?

Which of the following elements is NOT a requisite for establishing negligence?

What can negate a claim for damages caused by negligence?

What does the term 'duty of care' imply in a negligence context?

Which fact would not support the argument for the cricket club's liability?

What is a court likely to consider when determining if the cricket club breached its duty?