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.
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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