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Revision summary of AQA A-level Law (7162) - Tort Law

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Summary AQA A-level Law (7162) - Tort Law This is a revision summary of the AQA A-Level Law (7162) Tort Law module. It provides relevant legislation, case law and facts in a concise format for students to use when revising.

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  • October 5, 2024
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  • 2022/2023
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Tort law overview
Topics:
- Negligence
- Psychiatric injury negligence
- Economic loss negligence
- OLA 1957
- OLA 1984
- Private nuisance
- Rylands v Fletcher
- Vicarious liability
- Standard defences
o Consent volenti
o Contributory negligence
- Remedies




Negligence

,Introduction - Blyth v Birmingham Waterworks
Duty of care
 Robinson: if a similar duty/case already exists, automatically apply that
duty. Examples: road users, medical staff, manufacturers.
 Caparo test (for new situations):
o reasonably foreseeable harm? (Kent v Griffiths)

o sufficient proximity? (Bourhill v Young)

o fair, just and reasonable to impose duty? (Hill v CC WYP – FJR for
police omissions) (Robinson – FJR for police acts)
Breach
D needs to achieve a standard of care (Reasonable Person Test - Blyth):
 Adult - reasonable care (Wells v Cooper).
 Child - whether they can appreciate the risk due to their age (Mullin v
Richards, Orchard v Lee).
 Learner - standards of professional (Nettleship v Weston).
 Professional - ordinary skill of ordinary professional (Bolam v FHMC).
Considerations:
 Claimant characteristics (Paris v Stepney).
 Magnitude of risk (Bolton v Stone).
 Cost of precautions (Latimer v AEC).
 Knowledge of risk (Roe v Minister of Health).
 Social utility (Miller v Jackson). Emergencies (Day v High Performance
Sports).
Causation
Factual - but for (Barnett v Chelsea and Kensington).
Legal – remoteness (type of harm) (The Wagon Mound, Hughes v Lord
Advocate). Egg-shell rule.
Defences
 Volenti (Pitts v Hunt)
 Contributory negligence (Pitts v Hunt)
Remedies
 Damages (special - specific monetary costs before and during trial/
general - long term/future monetary and non-monetary costs).

, *Res Ipsa Loquitur - shifts burden of proof to defence when D was clearly at fault
(Scott v London).




Negligence – psychiatric damage

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