Law of Tort Quiz

The law of tort provides remedies for civil wrongs, primarily through compensation. It aims to protect individuals from harm caused by others and to allocate responsibility. Liability generally arises where a duty is breached causing damage.

Tort law is based on corrective justice, aiming to restore the claimant to their original position, and deterrence, discouraging harmful behaviour. It also reflects policy considerations, balancing individual rights with societal interests.

The modern duty of care began with Donoghue v Stevenson, establishing the neighbour principle. This was refined in Caparo Industries plc v Dickman with a three-stage test: foreseeability, proximity, and fairness. Robinson v Chief Constable of West Yorkshire Police clarified that established categories should guide decisions.

Breach is judged against the standard of the reasonable person. Courts consider risk factors such as likelihood and severity of harm, practicality of precautions, and social utility of the defendant’s conduct.

Causation involves factual causation using the ‘but for’ test and legal causation, requiring the damage not to be too remote. Intervening acts may break the chain of causation.

Under the Occupiers’ Liability Act 1957, occupiers owe lawful visitors a duty to take reasonable care to ensure safety. The standard varies depending on the visitor, with higher protection for children and reliance on skilled visitors.

The Occupiers’ Liability Act 1984 imposes a limited duty towards trespassers where the occupier is aware of the danger and the risk. The duty is to take reasonable steps to prevent injury.

Private nuisance involves unreasonable interference with the use or enjoyment of land. Factors include locality, duration, and sensitivity. Remedies include damages and injunctions.

The rule in Rylands v Fletcher imposes strict liability where a person brings onto land something likely to cause harm if it escapes. Liability arises upon escape causing damage.

Vicarious liability holds employers liable for the torts of employees. It ensures victims receive compensation and reflects employer responsibility for workplace activities.

Employment status is determined using tests such as control, integration, and multiple (economic reality) tests. Modern courts also consider relationships ‘akin to employment’.

Employers are liable for torts committed in the course of employment, including authorised acts and unauthorised modes of authorised acts. Liability may extend where torts are closely connected to employment.

Contributory negligence reduces damages where the claimant is partly at fault. Volenti non fit injuria applies where the claimant freely accepts the risk, providing a complete defence.

Defences to nuisance include prescription and statutory authority. For Rylands v Fletcher, defences include act of God, act of a stranger, and consent.

The main remedy is compensatory damages, aiming to restore the claimant. Claimants must mitigate loss. Injunctions may be granted to prevent ongoing harm.