Provides a list of revision questions regarding every topic within the tort module in law. Every topic has 20 questions, aside from res ipsa loquitur, which has 10. These go perfectly with my tort summary notes!
1. What is the purpose of the Caparo test, and what are its three elements?
2. Name a case where the Caparo test does not need to be applied due to a similar
duty of care being established through judicial precedent.
3. Are the police exempt from claims of negligence? Explain your answer.
4. Explain the Bolam test and its significance in determining breach of duty for medical
professionals.
5. How is the standard of care determined for professionals as a whole?
6. In the case of Nettleship v Weston, what standard of care was applied to a learner
driver?
7. According to Mullin v Richards, how is the standard of care determined for young
people?
8. What are four risk factors considered in establishing breach of duty?
9. What are the two components involved in proving damage in a negligence claim?
10. Explain the "thin skull" rule and its application to pre-existing conditions.
11. What is the purpose of contributory negligence as a defence? Which act governs it?
12. Describe the concept of consent as a defence in negligence cases. Can it be used
for road traffic accidents?
13. What criteria must be proven by the defendant to successfully claim consent as a
defence? Provide a relevant case.
14. Under what circumstances can warning notices be used as a defence? Are there any
exceptions?
15. What rights does an occupier have regarding exclusion clauses? What is the
exception to this?
16. Define special damages and provide an example.
17. Define general damages and provide an example.
18. What are lump sums in the context of damages, and how are they awarded?
19. Explain the concept of structured settlements and their significance in compensatory
awards.
20. What does the Damages Act 1996 allow parties to agree upon, and how does it
impact compensation?
RES IPSA LOQUITUR:
1. What is the meaning of "res ipsa loquitur"?
2. Who has the burden of proof in a negligence claim?
3. What must the claimant prove in a case involving "res ipsa loquitur"?
4. What are the three criteria that the claimant must establish to invoke "res ipsa
loquitur"?
5. In the case of Scott v London and St Katherine's Docks, what happened when the
criteria for "res ipsa loquitur" were proven?
6. When the burden of proof shifts to the defendant, what do they need to prove?
7. How does the principle of "res ipsa loquitur" help the claimant in proving negligence?
8. What is the significance of showing that the defendant was in control of the situation
that caused the injury?
9. Why is it important for the claimant to demonstrate that the accident would not have
happened without negligence?
, 10. What does it mean when there is no other explanation for the injury?
PURE ECONOMIC LOSS:
1. Define pure economic loss and explain its significance in legal contexts.
2. What are the key elements to consider in a claim involving pure economic loss?
3. Name three ways through which pure economic loss can occur.
4. What conditions must be met to make a claim for pure economic loss resulting from a
negligent misstatement?
5. Provide an example of a case that exemplifies a claim for pure economic loss due to
a negligent misstatement.
6. How is a financial loss caused by a negligent act different from pure economic loss
caused by a negligent misstatement?
7. Cite a case that illustrates a financial loss caused by physical damage.
8. Explain the significance of the case Chaudhry v Prabhakar in relation to disclaimers.
9. What factors must be proven to establish a special relationship according to the
Caparo v Dickman 1990 case?
10. How does possession of special skill or expertise relate to a claim for pure economic
loss?
11. Why is reliance on the advice an important element in establishing a special
relationship?
12. What is the requirement regarding direct communication of advice in a claim for pure
economic loss?
13. How does the purpose of the advice impact a claim for pure economic loss?
14. Under what circumstances can a disclaimer be used as a defence in a claim for pure
economic loss?
15. Describe the role of the claimant's knowledge in a claim for pure economic loss.
16. How does Raja v Gray 2002 contribute to the understanding of a special relationship
in a claim for pure economic loss?
17. What is the significance of the absence of a disclaimer in a claim for pure economic
loss?
18. Explain the concept of negligent omission and its relation to pure economic loss.
19. Provide examples of negligent acts that can result in pure economic loss.
20. How does the Spartan Steel v Martin case relate to the concept of pure economic
loss?
PSYCHIATRIC INJURY:
1. What is the definition of a psychiatric injury in the context of negligence claims?
2. What are the requirements for a psychiatric injury to be considered sufficiently
serious?
3. Explain the two categories of victims in psychiatric injury claims: primary and
secondary victims.
4. How does a primary victim differ from a secondary victim in terms of their
involvement in the accident?
5. What criteria must a secondary victim satisfy in order to make a claim for psychiatric
injury?
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