Bethjscott5713

Comprehensive summary/exam notes on the topic of defective products in Tort Law under both the Consumer Protection Act 1987 and common law. This document sets out a structure that can be used to answer any problem question on the topic. It sets out the test for determining whether the defendant falls within the remit of the Act, whether there is a "defect", whether the defect caused the damage caused by the claimant, whether the damage is covered by the Act, and the defences available to t...

Comprehensive summary/exam notes on the defences that can be invoked in a negligence case in Tort Law. This document covers contributory negligence under Law Reform (Contributory Negligence) Act 1945 (including the issue of whether suicide of the claimant can count as contributory negligence), volenti non fit injuria, exclusion of liability, and illegality.

Comprehensive summary/exam notes on the topic of duty of care in Tort Law. This document outlines the proper approach to deciding whether a duty has arisen (as set out in Robinson v CC West Yorkshire Police), the exception to the general rule of no liability for omissions in Home Office v Dorset Yacht Co (assumption of responsibility), and how public authorities can be held liable in different situations (call handlers and local authorities). It also outlines the approach to be taken to a lay pe...

Comprehensive summary/exam notes on the topic of occupier's liability in Tort Law, under both Occupier's Liability Acts (1957 and 1984). This document sets out a structure that can be used to answer any problem question on this topic. It sets out the test for determining whether the defendant is an occupier, the test for determining whether the claimant is a lawful or unlawful visitor and the different tests to be applied for each, what loss is recoverable, the defences that can be raised ...

Comprehensive summary/exam notes on the topic of private nuisance in Tort Law. This document sets out a structure that can be used to answer any problem question on the topic. It sets out who can sue, who can be sued, the test for nuisance following the 2023 UKSC case of Fearn v Tate (including how factors such as locality, planning permission and time of day can be relevant) and the remedies available. It also includes an outline of a case for trespass to land and some in-depth analysis on whet...

Comprehensive summary/exam notes on the topic of pure economic loss in Tort Law. This document covers the difference between property damage and economic loss, the difference between consequential economic loss and pure economic loss, the test for when the law imposes a duty of care in relation to pure economic loss set out in Hedley Byrne v Heller, and the reasons often stated for restricting claims for pure economic loss.

Comprehensive summary/exam notes on the principle of remoteness in Tort Law. This document sets out the key cases on remoteness in general negligence claims, in psychiatric harm cases, and on the question of scope of duty (SAAMCO and Khan v Meadows).

Comprehensive summary/exam notes on the rule in Rylands v Fletcher in Tort Law. This document sets out a structure that can be used to answer any problem question on the topic. It sets out who can sue, who can be sued, the 4-stage test, and the alternative 'dangerous thing' test set out in Cambridge Water.

Comprehensive summary/exam notes on the topic of vicarious liability and non-delegable duties in Tort Law. This document sets out a structure that can be used to answer any problem question on the topic. It sets out the test regarding the relationship between the tortfeasor and the defendant, and the test regarding the connection between the relationship and the tort committed for a vicarious liability claim and the test for a non-delegable duty claim set out in Woodland v Essex County Council.

This document sets out a comprehensive summary of various actual occupation cases in Land Law, including the circumstances of the case and whether the court found there to be actual occupation or not. These cases can be used in problem questions when applying Schedule 3, para 2 Land Registration Act 2002 to determine whether there is actual occupation on the facts at hand.