Tort Law Overview and Key Concepts
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Questions and Answers

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

  • Compensation from the employer
  • Proof of physical injury
  • A contractual relationship
  • A recognized psychiatric illness (correct)

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

    False

    What defines a trespasser?

    An individual who enters another's property without permission.

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

    <p>employment</p> Signup and view all the answers

    Match the type of harm to its correct description:

    <p>Pure Psychiatric Harm = Emotional distress from negligence without physical injury Pure Economic Harm = Financial loss without physical injury or property damage Trespassers = Individuals entering another's property without permission Vicarious Liability = Employer's responsibility for employee's torts during employment</p> Signup and view all the answers

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

    <p>By providing professional advice</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

    What is a primary factor in determining vicarious liability?

    <p>Whether the employee's actions were within the scope of employment.</p> Signup and view all the answers

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

    <p>Nominal Damages</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>Product liability</p> Signup and view all the answers

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

    <p>land</p> Signup and view all the answers

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

    <p>Exemplary/Punitive Damages</p> Signup and view all the answers

    List the key elements typically required to establish a tort.

    <p>Duty of care, breach of duty, causation, damages</p> Signup and view all the answers

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

    <p>Invitee = Highest standard of care Licensee = Moderate standard of care Trespasser = Lowest standard of care Child trespasser = Higher standard of care due to vulnerability</p> Signup and view all the answers

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

    <p>True</p> Signup and view all the answers

    What is the primary aim of damages in tort law?

    <p>To restore the claimant to their original position</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>Tort liability is determined by rules and is owed to the world at large, while contract liability depends on an agreement between the parties.</p> Signup and view all the answers

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

    <p>properly performed</p> Signup and view all the answers

    Match the following legal terms with their descriptions:

    <p>Contract = Obligations determined by agreement between parties Tort = Obligations imposed by law regardless of agreement Damages in tort = Aim to restore the claimant to a prior position Damages in contract = Aim to fulfill contractual expectations</p> Signup and view all the answers

    What is the primary function of a tort claim?

    <p>To provide financial compensation to the victim</p> Signup and view all the answers

    Tort claims are typically brought by a public official.

    <p>False</p> Signup and view all the answers

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

    <p>tortfeasor</p> Signup and view all the answers

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

    <p>tort law</p> Signup and view all the answers

    Which of the following situations exclusively involves tortious consequences?

    <p>Breaking someone's window accidentally</p> Signup and view all the answers

    Match the following remedies with their descriptions:

    <p>Financial compensation = Monetary damages awarded to the victim Injunction = A court order to stop a party from continuing harmful actions Punitive damages = Damages awarded to deter future misconduct Restitution = Compensating the victim by restoring them to the original position</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>injunction</p> Signup and view all the answers

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

    <p>Defendants are liable for foreseeable types of harm regardless of how the harm occurred.</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>Physical injury</p> Signup and view all the answers

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

    <p>injury</p> Signup and view all the answers

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

    <p>Claimant = Broad interpretation of harm Defendant = Narrow interpretation of harm</p> Signup and view all the answers

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

    <p>Volenti non fit injuria</p> Signup and view all the answers

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

    <p>True</p> Signup and view all the answers

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

    <p>Volenti non fit injuria</p> Signup and view all the answers

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

    <p>visitors</p> Signup and view all the answers

    Match the type of damages with its description.

    <p>Compensatory damages = Damages awarded to compensate for actual loss or injury Punitive damages = Damages intended to punish and deter wrongdoing Nominal damages = A small sum awarded to acknowledge a legal wrong without substantial loss Liquidated damages = Pre-determined damages specified in a contract</p> Signup and view all the answers

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

    <p>An invited guest</p> Signup and view all the answers

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

    <p>That there was no breach of duty owed to the claimant.</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

    What is the essence of the volenti defense?

    <p>The claimant knowingly and willingly accepted the risk</p> Signup and view all the answers

    Employers can often successfully use the volenti defense against employees.

    <p>False</p> Signup and view all the answers

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

    <p>The claimant knew the risk and willingly accepted it.</p> Signup and view all the answers

    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.

    <p>sue</p> Signup and view all the answers

    Match the term with its correct description:

    <p>Volenti = Claimant knowingly accepts risk Employer's liability = Employer's responsibility for employee safety Occupier's liability = Duty of care owed by property owners Rescuer liability = Legal protections for those aiding others in danger</p> Signup and view all the answers

    Under what condition is the volenti defense likely to succeed?

    <p>When the claimant was fully aware of the risks of the defendant's actions</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>A legal fiction protects rescuers from the volenti defense as they act out of necessity.</p> Signup and view all the answers

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

    <p>Storage fees due to a damaged shed</p> Signup and view all the answers

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

    <p>True</p> Signup and view all the answers

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

    <p>A defendant does not owe a duty of care to avoid causing pure economic loss.</p> Signup and view all the answers

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

    <p>consequential</p> Signup and view all the answers

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

    <p>Professional advisers like accountants and solicitors</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

    Match the following types of losses with their definitions:

    <p>Pure economic loss = Financial losses without physical damage Consequential economic loss = Financial losses resulting from physical damage Physical damage = Damage to tangible property or person</p> Signup and view all the answers

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

    <p>Consequential economic loss</p> Signup and view all the answers

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

    <p>That the standard of care was not met</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>Causation of damage</p> Signup and view all the answers

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

    <p>Unfair Contract Terms Act</p> Signup and view all the answers

    Match the following terms with their correct descriptions:

    <p>Duty of care = The obligation not to cause harm Breach of duty = Failure to meet the standard of care Causation = Establishing a direct link between the breach and damage Exclusion of liability = A notice limiting the defendant's liability</p> Signup and view all the answers

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

    <p>Exclusion of liability</p> Signup and view all the answers

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

    <p>True</p> Signup and view all the answers

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

    <p>Bolam</p> Signup and view all the answers

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

    <p>Unbounded liability for defendants</p> Signup and view all the answers

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

    <p>True</p> Signup and view all the answers

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

    <p>Limited duty situations refer to instances where damages can be recovered due to a sufficient relationship between the claimant and defendant.</p> Signup and view all the answers

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

    <p>journalist</p> Signup and view all the answers

    Match the scenario to its type of harm:

    <p>Loss of investment due to misinformation = Pure economic loss Witnesses experiencing distress from an event = Pure psychiatric harm Employee injured on the job = Physical harm Slander leading to financial damages = Reputational harm</p> Signup and view all the answers

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

    <p>The harm was not direct.</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>The potential for an overwhelming number of claims and unbounded liability for defendants.</p> Signup and view all the answers

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

    <p>There is usually no physical injury involved.</p> Signup and view all the answers

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

    <p>True</p> Signup and view all the answers

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

    <p>Sufficiently proximate relationship</p> Signup and view all the answers

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

    <p>boundless</p> Signup and view all the answers

    Match the type of harm to its description:

    <p>Pure psychiatric harm = Emotional distress without physical injury Negligent infliction of emotional distress = Caused by direct actions of defendant Physical injury = Actual bodily harm resulting from negligence Economic loss = Financial loss not linked to physical damage</p> Signup and view all the answers

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

    <p>The relationship between bystanders and the train company is less close than that of the motorist and pedestrian.</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>To avoid boundless liability</p> Signup and view all the answers

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

    <p>Pure economic loss</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>There must be a duty of care owed for the property that was damaged.</p> Signup and view all the answers

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

    <p>third party</p> Signup and view all the answers

    Match the following economic loss examples with their descriptions:

    <p>Alison's additional train ticket = Loss of profit due to missed train Spartan Steel's melted products = Direct property damage Loss of future production = Pure economic loss from third-party property damage Loss of profit on melts = Financial loss due to direct damage</p> Signup and view all the answers

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

    <p>Future production melts</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>A power cut to the factory.</p> Signup and view all the answers

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

    <p>Involvement in the accident as a primary victim</p> Signup and view all the answers

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

    <p>True</p> Signup and view all the answers

    What are the 'Alcock control mechanisms'?

    <p>The requirements set by the House of Lords to determine whether a duty of care is owed for pure psychiatric harm to secondary victims.</p> Signup and view all the answers

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

    <p>senses</p> Signup and view all the answers

    Match the requirement to its description for secondary victims:

    <p>Foreseeability of psychiatric harm = Must be reasonably foreseeable for normal individuals Proximity of relationship = Close relationship of love and affection with the victim Proximity in time and space = Presence at the accident or immediate aftermath Proximity of perception = Witnessing the event directly either by sight or sound</p> Signup and view all the answers

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

    <p>Not entitled to claim damages</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>Proximity of relationship, proximity in time and space, proximity of perception, or foreseeability of psychiatric harm.</p> Signup and view all the answers

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

    <p>100%</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>Fatal Accidents Act 1976</p> Signup and view all the answers

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

    <p>receipts and wage slips</p> Signup and view all the answers

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

    <p>Expenses for dependents</p> Signup and view all the answers

    Match the components of compensation with their descriptions:

    <p>Non-pecuniary loss = General damages that account for emotional suffering Pecuniary losses = Special damages for quantifiable economic losses Funeral expenses = Costs incurred for the burial arrangements of the deceased</p> Signup and view all the answers

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

    <p>True</p> Signup and view all the answers

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

    <p>Multiplier method</p> Signup and view all the answers

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

    <p>If the claimant died before any proceedings had begun.</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>Damages for pain and suffering, loss of earnings, and other expenses up to the date of death.</p> Signup and view all the answers

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

    <p>continue</p> Signup and view all the answers

    Match the type of damages with their descriptions:

    <p>Damages for pain and suffering = Compensation for emotional distress from the injury Loss of earnings = Compensation for income lost due to the injury Nursing care = Expenses incurred for medical assistance and caregiving Travel expenses = Costs associated with traveling for medical treatment</p> Signup and view all the answers

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

    <p>The deceased claimant's personal representatives</p> Signup and view all the answers

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

    <p>True</p> Signup and view all the answers

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

    <p>The claimant died without leaving a valid will.</p> Signup and view all the answers

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

    <p>Existing causes of action can continue after death.</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>The Fatal Accidents Act 1976</p> Signup and view all the answers

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

    <p>defamation</p> Signup and view all the answers

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

    <p>It ends at the date of death.</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>estate</p> Signup and view all the answers

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

    <p>Employee's qualifications</p> Signup and view all the answers

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

    <p>True</p> Signup and view all the answers

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

    <p>Fault of the third party and causation.</p> Signup and view all the answers

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

    <p>safe</p> Signup and view all the answers

    Match the following inadequate equipment issues with their descriptions:

    <p>Wear and tear = Degradation due to age or use Lack of servicing = Failure to maintain equipment Inherent defects = Manufacturing or design faults Safety devices = Absence of necessary protective equipment</p> Signup and view all the answers

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

    <p>Physical layout of the job</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>Keeping it to a safe standard.</p> Signup and view all the answers

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

    <p>Training employees in operation of the system</p> Signup and view all the answers

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

    <p>True</p> Signup and view all the answers

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

    <p>Take reasonable steps to ensure safety, including monitoring and training.</p> Signup and view all the answers

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

    <p>occupier</p> Signup and view all the answers

    Match the following concepts with their descriptions:

    <p>Common law duty = Non-delegable employer obligation Occupiers' Liability Act = Statutory duty concerning workplace safety Safe system of work = Continual assessment of risks Disciplinary actions = Measures against compliance failures</p> Signup and view all the answers

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

    <p>Assigning roles based solely on seniority</p> Signup and view all the answers

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

    <p>True</p> Signup and view all the answers

    What constitutes a safe system of work?

    <p>A system that monitors and ensures compliance while managing inherent risks.</p> Signup and view all the answers

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

    <p>Providing adequate material like plant and machinery</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>An employer cannot transfer their legal obligation to ensure safety to another party.</p> Signup and view all the answers

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

    <p>safe</p> Signup and view all the answers

    Match the following employer duties with their descriptions:

    <p>Competent staff = Employers must hire individuals who are qualified and able to perform their roles. Adequate material = Providing necessary tools and equipment for safe job performance. Proper system of work = Implementing effective work practices to ensure safety. Safe place of work = Ensuring the physical environment is free from hazards.</p> Signup and view all the answers

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

    <p>Because the contractor failed to perform adequately</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>The employer is still liable for injuries caused by the faulty equipment serviced by a contractor.</p> Signup and view all the answers

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

    <p>They have done all that reasonable care requires</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>Exclusion of liability</p> Signup and view all the answers

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

    <p>system of work</p> Signup and view all the answers

    Match the following concepts related to occupiers' liability:

    <p>Volenti non fit injuria = Defense of voluntary assumption of risk Breach of duty = Failure to meet reasonable care standards Exclusion clause = Notice to limit liability Causation = Link between breach and harm</p> Signup and view all the answers

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

    <p>The claimant was injured due to negligence</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>Adequate care</p> Signup and view all the answers

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

    <p>Obtaining references and making local inquiries</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>Work of construction, maintenance, or repair.</p> Signup and view all the answers

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

    <p>lift</p> Signup and view all the answers

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

    <p>To check the contractor's qualifications</p> Signup and view all the answers

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

    <p>Haseldine v Daw &amp; Son Ltd = Occupier not liable due to technical nature of work Woodward v The Mayor of Hastings = Occupier held liable for negligence in basic care</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>The work must be of construction, maintenance, or repair.</p> Signup and view all the answers

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

    <p>The age of the children and parental responsibility</p> Signup and view all the answers

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

    <p>True</p> Signup and view all the answers

    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?

    <p>The danger was obvious and the park met its duty of care.</p> Signup and view all the answers

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

    <p>guardian</p> Signup and view all the answers

    Match the following legal principles with their descriptions:

    <p>Phipps case = Occupier's duty to children with guardians Bourne Leisure Ltd case = Liability for obvious dangers 1975 Act = Legal standard for occupiers' responsibilities S2(3) of 1957 Act = Duty modified for skilled visitors</p> Signup and view all the answers

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

    <p>They are expected to guard against risks associated with their work.</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>The expectation of adult supervision.</p> Signup and view all the answers

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

    <p>Liability is stricter than common law negligence.</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>To provide greater protection for consumers from defective products.</p> Signup and view all the answers

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

    <p>The damages must be a natural consequence of the breach.</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>reasonableness</p> Signup and view all the answers

    Match the following cases with their significance regarding consumer protection:

    <p>A v National Blood Authority = Signified consumers' expectation of product safety Donoghue v Stevenson = Established duty of care in tort CPA 1987 = Stricter standards for product liability UCTA 1977 = Regulation of exclusion clauses in contracts</p> Signup and view all the answers

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

    <p>Sections 9 and 10</p> Signup and view all the answers

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

    <p>It can be reduced based on the claimant's carelessness.</p> Signup and view all the answers

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

    <p>manufacturer</p> Signup and view all the answers

    Match the law with its primary focus:

    <p>Negligence = Failure to exercise reasonable care Consumer Protection Act 1987 = Strict liability for defective products Contract Law = Obligations imposed by agreements Consumer Rights Act 2015 = Satisfactory quality and fitness for purpose</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>The exclusion of liability was reasonable based on the circumstances.</p> Signup and view all the answers

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

    <p>Consumer Rights Act 2015</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>The safety of the product did not meet general expectations</p> Signup and view all the answers

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

    <p>The manufacturer may have to compensate victims for damages.</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>The damage must exceed £275 and can include personal injury or damage to private property.</p> Signup and view all the answers

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

    <p>defective</p> Signup and view all the answers

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

    <p>Causation = Linking the defendant's breach to the claimant's damages Magnitude of the risk = Assessment of potential harm if a breach occurs Warnings = Information that a reasonable manufacturer must provide</p> Signup and view all the answers

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

    <p>Good character of the defendant</p> Signup and view all the answers

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

    <p>True</p> Signup and view all the answers

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

    <p>The producer, own-branders, or importers into the UK.</p> Signup and view all the answers

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

    <p>Private nuisance</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>Strict liability</p> Signup and view all the answers

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

    <p>proprietary</p> Signup and view all the answers

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

    <p>The claimant seeks to prevent future interference.</p> Signup and view all the answers

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

    <p>Injury due to an isolated incident = Negligence Claim Seeking remedy in damages = Both Strict liability imposed = Nuisance Claim Requires proof of carelessness = Negligence Claim</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>Lack of care</p> Signup and view all the answers

    What distinguishes a private nuisance claim from a negligence claim?

    <p>Negligence claims can cover a wider range of harm.</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>Tangible damage to property.</p> Signup and view all the answers

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

    <p>negligence</p> Signup and view all the answers

    Match the following aspects to the correct legal claim:

    <p>Private Nuisance = Involves use or enjoyment of land Negligence = Covers a wider range of harms Claimant's Interest = Requires proprietary interest in land Remedy = Includes injunctions</p> Signup and view all the answers

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

    <p>Personal discomfort from noise</p> Signup and view all the answers

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

    <p>Hunter v Canary Wharf Ltd</p> Signup and view all the answers

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

    <p>True</p> Signup and view all the answers

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

    <p>Private nuisance requires continuity of interference.</p> Signup and view all the answers

    A claimant can pursue a negligence claim for intangible damage.

    <p>False</p> Signup and view all the answers

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

    <p>Proprietary interest</p> Signup and view all the answers

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

    <p>reasonable person</p> Signup and view all the answers

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

    <p>The reasonableness of the defendant's use of land.</p> Signup and view all the answers

    Match the concepts to their definitions:

    <p>Private Nuisance = Interference with someone's enjoyment of their land Negligence = Failure to take reasonable care resulting in harm Continuity Requirement = Ongoing interference necessary for nuisance claims Intangible Damage = Non-physical harm such as emotional distress</p> Signup and view all the answers

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

    <p>Reasonableness in private nuisance pertains to land use, while in negligence it deals with actions.</p> Signup and view all the answers

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

    <p>True</p> Signup and view all the answers

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

    <p>The interference is intangible.</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>Strict liability</p> Signup and view all the answers

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

    <p>use</p> Signup and view all the answers

    Match the types of claims with their primary characteristics:

    <p>Private Nuisance = Interference that is not necessarily negligent Negligence = Claimant must prove lack of care Rylands v Fletcher = Strict liability for dangerous escapes Injunction = Prevention of future interference</p> Signup and view all the answers

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

    <p>The interference is tangible.</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>If the damage is personal injury or damages to personal property.</p> Signup and view all the answers

    What is required to sue for private nuisance?

    <p>Someone with a proprietary interest in the affected land</p> Signup and view all the answers

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

    <p>Tangible damage to property</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

    Private nuisance claims can address personal injury.

    <p>False</p> Signup and view all the answers

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

    <p>The reasonable person standard</p> Signup and view all the answers

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

    <p>reasonable</p> Signup and view all the answers

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

    <p>Injunction</p> Signup and view all the answers

    Match the following terms to their definitions:

    <p>Private Nuisance = Interference with land affecting proprietary interest Negligence = Failure to meet the reasonable person standard Intangible Damage = Non-physical harm affecting a claimant's interests Continuity = Requirement for establishing nuisance liability</p> Signup and view all the answers

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

    <p>land</p> Signup and view all the answers

    Which aspect is considered in evaluating private nuisance claims?

    <p>Whether the defendant's use of land is unreasonable</p> Signup and view all the answers

    Match the following legal concepts with their descriptions:

    <p>Private Nuisance = Protects interests in land Negligence = Allows for a wider range of claims Injunction = Court order to prevent harm Hunter v Canary Wharf = Case establishing limits on claims</p> Signup and view all the answers

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

    <p>Negligence can cover a wider range of harms.</p> Signup and view all the answers

    Intangible damage can form the basis for a negligence claim.

    <p>False</p> Signup and view all the answers

    Identify one key difference between private nuisance and negligence.

    <p>Private nuisance involves land interference; negligence does not require land use to be affected.</p> Signup and view all the answers

    Only tangible damage can lead to a private nuisance claim.

    <p>False</p> Signup and view all the answers

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

    <p>a dangerous thing</p> Signup and view all the answers

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

    <p>A claimant must establish a causal link between the defendant's breach and their injury.</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>Strict liability may be imposed under the statute.</p> Signup and view all the answers

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

    <p>claim</p> Signup and view all the answers

    Match the statutory duty elements with their descriptions:

    <p>Civil Claim = Can the statute allow a civil claim? Breach = Has the defendant breached the statutory duty? Damage = Was the claimant’s damage of a kind which the statute intended to prevent? Causation = Has the defendant’s breach caused the claimant’s injury?</p> Signup and view all the answers

    Which statute imposes liability for damage caused by dangerous animals?

    <p>Animals Act 1971</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>Whether the relevant statute specifically provides for a civil claim in case of breach.</p> Signup and view all the answers

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

    <p>strict</p> Signup and view all the answers

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

    <p>It removed the possibility of civil claims for breaches of certain health and safety regulations.</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>Liability that does not depend on actual negligence or intent to harm.</p> Signup and view all the answers

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

    <p>Look at the wording of the particular statute</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>Parliament's intention</p> Signup and view all the answers

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

    <p>limited</p> Signup and view all the answers

    Match the statute with its stance on civil claims:

    <p>Consumer Protection Act 1987 = Allows claims for defects Guard Dogs Act 1975 = No right of action Safety of Sports Grounds Act 1975 = No right of action</p> Signup and view all the answers

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

    <p>The statute protects a wide public interest</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>It is less likely that a civil claim will lie.</p> Signup and view all the answers

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

    <p>discretionarily</p> Signup and view all the answers

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

    <p>The relationship between the statute and common law</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>It did not provide adequate compensation for serious injury or death.</p> Signup and view all the answers

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

    <p>conclusive</p> Signup and view all the answers

    Match the following factors with their implications on tort claims:

    <p>Limited class protection = More likely for tort claims Effective sanction = Less likely for tort claims Complementing common law = More likely for tort claims</p> Signup and view all the answers

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

    <p>Intent</p> Signup and view all the answers

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

    <p>True</p> Signup and view all the answers

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

    <p>Duty under statute, breach, damage, causation</p> Signup and view all the answers

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

    <p>statute</p> Signup and view all the answers

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

    <p>Hartley v Mayoh &amp; Co = Claim failed due to being outside protected class Smith v Northamptonshire County Council = Claim failed due to equipment definition Stark v Post Office = Claim succeeded due to strict liability imposed Gorris v Scott = Claim failed due to not fitting statute's intent</p> Signup and view all the answers

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

    <p>The defect could not be discovered before the accident</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>Damage must be of the kind the statute was intended to prevent.</p> Signup and view all the answers

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

    <p>protected</p> Signup and view all the answers

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

    <p>Claimant outside the protected class defined by the statute</p> Signup and view all the answers

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

    <p>False</p> Signup and view all the answers

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

    <p>The defect could not have been discovered prior to the accident.</p> Signup and view all the answers

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

    <p>infectious</p> Signup and view all the answers

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

    <p>Claims must fit within the statute's intended consequences</p> Signup and view all the answers

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

    <p>Determine if a duty is owed based on the statute's wording.</p> Signup and view all the answers

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

    <p>Failing to stop after an accident.</p> Signup and view all the answers

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

    <p>There is a causal link between the claimant's carelessness and the injury suffered.</p> Signup and view all the answers

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

    <p>The court must consider if the claimant’s actions contributed to the injury.</p> Signup and view all the answers

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

    <p>The claimant's failure to wear safety gear must be demonstrated.</p> Signup and view all the answers

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

    <p>It addresses the reduction of damages based on claimant negligence.</p> Signup and view all the answers

    Which situation exemplifies contributory negligence in legal terms?

    <p>A claimant refuses to wear protective gear and is injured due to defendant’s negligence.</p> Signup and view all the answers

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

    <p>There needs to be a clear link between the claimant's negligence and the harm suffered.</p> Signup and view all the answers

    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?

    <p>The claimant may still recover full damages despite their negligence.</p> Signup and view all the answers

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

    <p>It's necessary to establish for liability to be shared between parties.</p> Signup and view all the answers

    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?

    <p>The hospital has an established duty of care due to the employer-employee relationship.</p> Signup and view all the answers

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

    <p>Repeated occurrences of damage suggest a potential claim against the cricket club.</p> Signup and view all the answers

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

    <p>Expert opinions on the safety of the Bunsen burner.</p> Signup and view all the answers

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

    <p>That foreseeability alone is sufficient for establishing a duty of care.</p> Signup and view all the answers

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

    <p>The Caparo test.</p> Signup and view all the answers

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

    <p>The hospital complied with safety regulations at the time of the incident.</p> Signup and view all the answers

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

    <p>The cricket club regularly addressing safety concerns.</p> Signup and view all the answers

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

    <p>A proximate relationship is the sole determining factor for liability.</p> Signup and view all the answers

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

    <p>The club's refusal is based on their financial situation, which is relevant.</p> Signup and view all the answers

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

    <p>The damage was caused directly by the defendant’s breach.</p> Signup and view all the answers

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

    <p>The claimant must demonstrate that the damage was reasonably foreseeable.</p> Signup and view all the answers

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

    <p>It can break the chain of causation and impact liability.</p> Signup and view all the answers

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

    <p>Defendants are liable only for damages that were reasonably foreseeable.</p> Signup and view all the answers

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

    <p>The inherent risks of participating in sports.</p> Signup and view all the answers

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

    <p>If damage would have occurred regardless of the breach, there is liability.</p> Signup and view all the answers

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

    <p>The eggshell skull rule.</p> Signup and view all the answers

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

    <p>The defendant's previous negligence history.</p> Signup and view all the answers

    What can negate a claim for damages caused by negligence?

    <p>The damage occurring as a result of a new and unrelated event.</p> Signup and view all the answers

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

    <p>Every individual must act reasonably towards others.</p> Signup and view all the answers

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

    <p>A higher fence is not typical practice in cricket clubs.</p> Signup and view all the answers

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

    <p>The foreseeability of damage caused by flying cricket balls.</p> Signup and view all the answers

    Study Notes

    Tort Law Overview

    • Tort law defines civil wrongs where one party harms another, requiring compensation for the injured party.
    • It differs from criminal law, which deals with violations against society.
    • A tort is a breach of duty causing harm. Its purpose is to compensate the injured party.
    • Key elements typically include duty of care, breach of duty, causation, and damages.
    • Different types of torts exist (e.g., negligence, intentional torts, strict liability).
    • Historically, tort law developed to protect individuals in close proximity.
    • Compensation is a main objective to redress wrongs.
    • Victims of wrongs can attain redress through tort law.

    Pure Psychiatric Harm

    • Pure psychiatric harm is emotional or psychological distress from a negligent act, without physical injury.
    • Proving liability for pure psychiatric harm is challenging due to the intangible nature of the injury and complex causal links.
    • Claimants must often show a close relationship to the victim (e.g., close relative).
    • Some jurisdictions require proof of a recognized psychiatric illness.
    • The claimant must have a close relationship with the individual who was injured, have witnessed the event directly, and it be foreseeable their emotional wellbeing could suffer. This often involves a specific test (e.g., the Alcock test) in which the claimant’s proximity in time, space and perception of the event is judged.
    • The Alcock test, a set of criteria, is often applied to determine whether a duty of care is owed in pure psychiatric harm cases. These include foreseeability of harm, proximity in time and space, witnessing the event for themselves, and having a close relationship with the victim. The requirement of a "sudden shock" is no longer a prerequisite for the claim.
    • An established duty of care, like employer-employee does not need to satisfy the Caparo 'test'.
    • The standard of care expected of a defendant will vary from case to case. There are also situations where the defendant acted unreasonably and the nature of the acts was recognized not to be reasonably foreseeable.
    • The Alcock test remains the primary criterion for establishing whether a duty of care is owed to a secondary victim in a psychiatric harm scenario.

    Pure Economic Harm

    • Pure economic loss is financial harm from another's negligence, without physical or property damage.
    • It's generally not recoverable in negligence unless a special relationship exists between parties, exceeding a simple service or contract.
    • Examples include but aren't limited to negligent professional advice (e.g., financial advisors, surveyors), negligent misstatement, or where there's been an assumption of responsibility by the defendant, particularly relevant in professional situations where special relationships might arise.
    • It may be recoverable if there's a sufficiently close relationship, typically requiring the defendant to have assumed responsibility and the claimant reasonably relied on that causing harm. This relates to situations like negligent misstatement, where the defendant has a special relationship with the claimant and assumed a responsibility. The claimant must demonstrate a duty, breach, causation and damages to be successful in a case of negligent misstatement.
    • Cases like Hedley Byrne, Caparo, and Spring are key to understanding these special relationships, establishing principles of professional duty and foreseeability of harm.
    • Importantly, pure economic loss caused by a defective product itself is not recoverable under the CPA 1987.
    • Pure economic loss may be recoverable in negligence situations where a special relationship exists and the defendant has assumed responsibility that the claimant reasonably relied upon (for example, professional advice).

    Trespassers

    • Trespassers are those who enter property without permission.
    • Landowners' duty of care to trespassers is limited.
    • Landowners might have a duty to warn of known, hidden dangers, but not obvious ones, if that warning was required to keep a trespasser safe.
    • Intentional harm to trespassers is a separate issue, involving criminal negligence.
    • Trespassing is the unlawful entry onto land without permission.
    • The degree of liability depends on the trespasser's status and the occupier's actions.
    • Trespass laws apply even when no damage occurs, a violation of property rights.
    • Examples of tortious acts include: Driving too fast in a 30 mph area, publishing false accusations about cheating, entering a neighbour's garden without permission, a landlord serving alcohol outside hours, tree roots undermining a neighbor's foundation, a driver negligently jackknifing a lorry blocking a road, a car negligently crashing in a tunnel, a mini-car breaking down on a road. Trespass to land may involve intentional or inadvertent acts and not require a showing of negligence for a successful claim.

    Vicarious Liability

    • Vicarious liability holds employers responsible for employee torts committed during employment, extending beyond the employer's own negligence. A key factor is whether the act occurred within the course of employment.
    • Key factors for liability are if the employee's actions were within their employment scope, and were authorized by the employer or created risk, even if not directly ordered; the employee's acts were part of their job role.
    • Limits exist for actions outside the scope of employment (e.g., "frolic of their own"). The tests laid out in Lister v Hesley Hall Ltd and Various Claimants and the concept of "sufficient connection" are used to determine the close connection for vicarious liability to apply.

    Employers' Liability

    • Employers' liability encompasses their responsibility for creating a safe workplace for employees, including legal and operational measures preventing accidents.
    • Employers can be held liable for failing to meet their duties of care to their employees.
    • Breach of duty arises from employee injury due to unsafe conditions, lacking equipment, poor training, inadequate supervision, or a failure of risk assessment, or a failure of adequately assessing or mitigating risks. This often involves a duty to provide competent staff, adequate equipment, a safe system of work in accordance with statutory provisions, e.g. The Health and Safety at Work etc. Act 1974.
    • Common law and statutory duties (e.g., Health and Safety at Work etc Act 1974) vary, including risk assessments, training, safety equipment, and reporting procedures. Risk assessments and compliance with statutory duties are crucial components of this liability.
    • The Wilsons & Clyde Coal Co case provides the basis of the key requirements of this duty.
    • Note: Breach of health and safety regulations under the HSWA 1974 is no longer actionable in a civil claim under the Enterprise and Regulatory Reform Act 2013. However, existing cases on breach of such duties remain relevant for the principles they established.

    Types of Remedies in Tort Law

    • Compensatory Damages: These restore the injured party to their pre-harm position (financial losses - medical bills, lost wages; non-pecuniary losses - pain and suffering, loss of amenity).
    • Nominal Damages: Awarded when a legal wrong occurs but no significant financial harm is proven, recognizing the violation.
    • Exemplary/Punitive Damages: Awarded to punish egregious conduct, deterring future similar actions.
    • Injunctions: A court order compelling a specific action or inaction, used to stop or prevent actions; are not routinely awarded in negligence cases.
    • Injunctions are not available in pure negligence claims.

    Occupier's Liability

    • Occupier's liability laws govern the responsibility of property controllers (occupiers) to those entering their premises, holding a duty of reasonable care to foreseeable visitors. This reasonable care might involve maintaining safe premises or warning of hazards. Different standards apply to invitees, licensees, and trespassers.
    • Varying standards exist for different visitors (e.g., invitees, licensees, trespassers). The standard of care owed to each type of visitor differs significantly. The occupier's duty changes based on visitor status. Occupiers are judged by a standard of care proportionate to the circumstances and the type of visitor.
    • Wheat v E Lacon established the concept of control as a key factor in determining who is considered the occupier.
    • Landlords can be liable for some nuisances but not just any problem.

    Product Liability

    • Product liability concerns manufacturers', distributors', and sellers' responsibility for defective product harm, often involving strict liability or negligence.
    • Liability can arise through strict liability or negligence, or by breach of warranty (contract).
    • Preventing harm through a duty of care in product safety, design, and manufacturing is a focus.
    • Defects in design, manufacturing, or marketing can lead to liability.
    • Defenses may be available depending on circumstances and applicable law; defenses might be available even when there is no negligence. The Consumer Protection Act 1987 (CPA) establishes strict liability.
    • Importantly, the CPA 1987 specifically excludes recovery for pure economic loss.
    • Only those who are damaged by the defect are able to claim.

    Causation and Defences

    • Causation in tort is a key element, requiring proof that the defendant's actions directly caused the harm via a factual (but-for) and legal (reasonable foreseeability) link. An unbroken chain of causation must be shown. There may be more than one cause of damage. If the damage would have happened in any event, even without the defendant’s breach, there will be no liability on the defendant. A defendant can claim that an intervening event is the cause of the damage.
    • Defenses like contributory negligence, volenti non fit injuria, illegality, act of God, intervening acts (novus actus interveniens), and lack of a demonstrable causal link, can limit liability for the defendant.
    • The standard of proof in tort cases relies on the balance of probabilities.
    • Medical negligence cases are often complex regarding causation and intervening events, as are industrial diseases cases with multiple exposures. Chain of causation is a critical consideration. Assessing foreseeability and the extent or severity of the damage is necessary here.

    Breach of Statutory Duty

    • Breach of statutory duty is a claim related to a failure to adhere to a statutory requirement or regulation.
    • Establishing a statutory duty claim requires the claimant to prove the defendant owed a duty of care governed by a specific statute or regulation, that there was a breach of that duty, the claimant suffered a corresponding loss, and the defendant is causally responsible for that loss. The relevant statute must address the particular kind of harm suffered by the claimant.
    • This is a tort of strict liability; the defendant is liable no matter how much reasonable care they took. However, the statute must specify whether a breach of this is actionable at common law.
    • The statutory duty must relate to the type of damage suffered or loss sustained for a claim to be valid and a causation issue to be considered.

    Liability for Defective Products (CPA 1987)

    • Product liability is concerned with harm caused by defective products.
    • The CPA 1987 provides a specific statutory cause of action. Under this Act, recovery is limited to damages to other property, not to the product itself, exceeding a certain threshold (£275), and it is concerned with physical damage, not pain and suffering.
    • Claims under the CPA 1987 do not have the same limitations regarding "proximity" as negligence claims.
    • Different categories of potential defendants under the CPA 1987, including producers, importers, and own brands, have strict liability.
    • Defenses such as compliance with regulations, lack of defect at time of supply, and that it was not a product in the course of business, may be available.
    • The claimant must show that the damaged element in question was defective and that the defect was, in fact, causally connected to the damage.

    Overlaps and Differences in Tort Law

    • This area of law overlaps with other tort types, including negligence and occupier's liability, with different approaches and limitations in the specific circumstances.
    • Distinguishing between similar torts requires detailed evaluation of specific facts and application of relevant tests.

    General Principles: Mens Rea

    • Transferred Malice: A defendant's intent towards one person can be transferred to another if the same offense is committed against the second person. This applies even if the actus reus and mens rea relate to different offences, and less important if recklessness is involved instead of malice.
    • Coincidence of Actus Reus and Mens Rea: Criminal liability requires both the act (actus reus) and the intent (mens rea) to occur simultaneously. If the intent is present before or after the act, no criminal liability results.
    • Continuing Act: Acts that comprise a single transaction are considered as one continuing act for the purpose of determining intent. Courts will connect the moments of mental state and physical act. The case of Thabo-Meli exemplifies one such act, where defendants’ actions (involving rolling a corpse off a cliff) were seen as one act for the determination of mens rea.
    • Subjective Recklessness: A defendant is reckless if they foresee a risk, and go on to take that risk without justification. Awareness of any risk level, however small, is sufficient.

    Additional Points from Questions

    • Employer-Employee Duty: An employer owes a duty of care to their employee; this duty is established and does not require satisfying the Caparo ‘test’.
    • Foreseeability & Precautions: A defendant's duty includes taking reasonable precautions against foreseeable harm. Financial limitations aren't always a defense.
    • Causation: Causation is crucial in negligence (requires a direct causal link); an unbroken chain of causation is necessary. More than one cause may contribute to damage. If damage would occur regardless, there's no liability. Intervening acts (such as those of a third party) can break a chain of causation.
    • Remoteness of Damage: The damage must be reasonably foreseeable. It need not be exactly foreseeable, but foreseeable type of harm.
    • Contributory Negligence: A claimant's own negligence can reduce compensation. This is assessed using the Law Reform (Contributory Negligence) Act 1945. The claimant’s carelessness must contribute to the injury.
    • Egg-Shell Skull Rule: A defendant is liable for the full extent of a claimant's injuries even if the severity of those injuries was unusually high. The severity of damage is not always a concern.
    • Precise Manner of Damage: The precise manner of harm need not be foreseeable, as long as the general type is foreseeable.
    • Contributory Negligence Example: Failure to wear a helmet does not always mean reduced compensation. There needs to be a causal link between the claimant’s negligence and the damage suffered.

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    Related Documents

    Tort Law Causation and Defences PDF
    Occupiers' Liability PDF
    Tort Law - Chapter 1, Unit 1 PDF
    Negligence: Economic Loss and Psychiatric Harm PDF
    Remedies in Tort PDF
    Employers' Liability PDF
    Liability for Defective Products PDF
    Breach of Statutory Duty Tort Law PDF
    General Principles: Actus Reus PDF
    Criminal Law PDF

    Description

    This quiz covers the essentials of tort law, including the definitions of civil wrongs and the distinctions between tort and criminal law. It also delves into specific aspects such as pure psychiatric harm and pure economic harm, highlighting the challenges of establishing liability in these cases.

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