Summary OCR A-level Law (H418) - Tort Law
This is a revision summary of the OCR A-Level Law (H418) 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
- 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).
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller ALevelLawTutor. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £4.49. You're not tied to anything after your purchase.
