Tort Law 2023
Revision for Summative MCQ
1- Introduction to Tort
- What is the purpose of liability in Tort
- What interest are protected by tort law?
- What is the burden of proof in tort?
- Explain the following liability:
o Fault liability
o Strict liability
o Actionable per se
2- Negligence
- What is the definition of negligence?
- What are the facts of Donoghue v Stevenson? what was the decision in this case? What is
the ‘neighbour principle’ established by Lord Atkin in this case?
- What are the 3 elements to establish negligence?
- Do you need to prove damage or injury for a claim in negligence?
Duty of care
- What were the facts and decision in Caparo Industries v Dickman?
- When there is new or novel situation, what are the 3 requirements for establishing duty of
care under Caparo?
- Why was the ‘fair, just and reasonable’ requirement introduced?
Omissions
- Under common law, is there a general duty to act?
- What are the exceptions when there is duty to act?
- What were the facts and decision in Smith v Littlewoods Organisation [1987]?
- What does a ‘relationship of control’ mean? Explain with reference to Home Office v Dorset
Yacht Club [1970].
Breach
- What is the test for establishing breach?
- Explain the Bolam v Friern Hospital Management Committee [1957] test.
- What is the standard of care expected of children and skilled workers?
- What is the standard of care expected of a new doctor or a new driver?
Causation
- What is meant by the ‘chain of causation’?
- Which case established the ‘but for’ test? Explain this test.
- What is old test and the new test for ‘causation in law’?
- What does the ‘thin skull rule’ mean’? explain how it applies.
3- Psychiatric injury
- What must the claimant establish to be successful in a claim for psychiatric injury?
- Was the claim for psychiatric injury successful in Vernon v Bosley No.1 [1997]? Explain your
answer.
- Who is considered as the ‘primary victim’? do they have to suffer physical injury to be
successful in their claim? Explain with case law.
- Who is considered a s ‘secondary victim’? explain with reference to the test established in
Alcock v Chief Constable of South Yorkshire [1991]?
- What are the 3 elements that a secondary victim (claimant) must establish to be able to
claim damages?
4- Vicarious Liability & Personal Liability
- With case law, explain the 3 requirements to establish vicarious liability?
- In vicarious liability case, who is considered as the ‘primary tortfeasor’?
- In a case where the employee negligently injures a third party, who can the claimant sue?
Identify all the options available to the claimant.
- When would an employer be ‘directly/personally’ liable for the claimant’s injury or damage?
- What are the non-delegable duties of an employer? Explain with reference to case law.
5- Pure economic loss
- What is the general rule on pure economic loss in tort?
- Under which circumstances can the claimant claim for pure economic loss?
- Can you claim for pure economic loss for negligent misstatements? Provide case law.
6- Remedies & Defences
- What are the main remedies in tort?
- Explain the different types of damages:
a. Special damages
b. General damages
c. Nominal damages
d. Contemptuous damages
e. Aggravated damages
f. Punitive damages
- What are the main defences available to the defendant in Tort? Explain which of the
defences are complete or partial defences?
