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FLK1 - Tort Exam With Questions And 100% Correct Answers (A+)
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FLK1 - Tort Exam With Questions And 100% CorrectAnswers (A+)
What does the SQE1 specification require in respect of the Tort module?
Negligence:
duty of care (standard (general and professional)) and breach
causation (single and multiple)
remoteness and loss
principles of remedies for personal injury and death claims
claims for pure economic loss arising either from a negligent act or misstatement
claims for psychiatric harm
employers' primary liability (operation and effect of the common law principles).
Defences:
consent
contributory negligence
illegality
necessity.
Principles of vicarious liability
Occupiers' Liability:
legal requirements for a claim under the Occupiers' Liability Act 1957 (in relation to
visitors) and the Occupiers' Liability Act 1984 (in relation to non-visitors)
defences
exclusion of liability.
,Product liability:
principles in negligence
principles of the Consumer Protection Act 1987.
Nuisance:
public and private nuisance
the rule in Rylands v Fletcher
remedies (damages and injunctions) and
defences.
Define the tort of negligence
'A breach of a legal duty of care owed to a claimant that causes harm to the claimant,
unwanted by the defendant'.
What are the components of negligence?
Duty of care (was one owed?)
Breach of the duty (did D fall below the standard of care?)
Causation (did D's breach cause damage to C?)
Defences (are any applicable?)
Is negligence a statutory or common law tort? What are the implications of this?
,Common law.
It is up to the courts to decide whether a duty of care is owed.
What are duty situations with examples? When do duty situations not ordinarily apply?
Situations which the court has held give rise to a duty of care e.g., between road users,
doctor to patient, employer to employee, manufacturer to consumer, teacher to pupil.
These duties can only be relied upon by C where they have sustained personal injury or
physical damage to property.
Omissions, pure economic loss and pure psychiatric harm are considered under a
separate set of rules.
What is the neighbour principle?
The test laid down in Donoghue v Stevenson. It set out that a duty of care is owed to
those to whom you have on your mind when doing a certain act because you ought
reasonably to have foreseen the likelihood of their injury.
It was applied by the courts to determine whether a novel situation gave rise to a DoC.
What is the Caparo test? How does it limit the scope of the neighbour principle?
The test which built upon the neighbour principle and is applied by the courts to
determine whether a novel situation gives rise to a DoC.
What three questions are to be considered?
• reasonable foresight of harm to the claimant;
• sufficient proximity of relationship between the claimant and defendant; and
• that it is fair, just and reasonable to impose a duty.
, The first two questions reiterate the neighbour principle. The third allows the court to
reach a conclusion based on policy matters, limiting the wide scope of Donoghue v
Stevenson.
What was the incrementality point raised in Caparo?
That negligence should only develop incrementally and by analogy with established
authority.
Illustrate the foreseeability criterion of the Caparo test.
If a lorry is speeding and crashes into a motorist, then a man arrives at the scene and
faints, breaking his arm, the lorry driver would only owe a DoC to the motorist and not
the man. The man is not a foreseeable victim of the lorry driver's negligence, so no DoC
is owed.
Illustrate the proximity criterion of the Caparo test.
A statutory audit fails to report the true accounts of a company. Based on this
misreporting, a man buys stocks in the company. Later, when he loses money because
the company was undervalued, he cannot seek damages from the audit firm if their
relationship is not close enough between the two parties.
Policy Fair, just and reasonable
Illustrate the policy criterion of the Caparo test.
A mother sues the police for failing to apprehend a serial killer who killed her son, as
they acted negligently in his investigation. No DoC is owed here; it has been ruled that
such a broad duty on the police to the public at large would be too wide and onerous.
What are the factors that the court will consider in deciding whether it is 'fair, just and
reasonable' to impose a DoC in a novel duty situation?
Floodgates Argument: Trepidation that allowing one case to prevail could result in the
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