Tort: Defences and Remedies | AQA A-Level Law (7162)
Tort: Defences and Remedies
- 46 questions
- 3 subtopics
- Paper 2: Tort
- Paper 2
Consent and contributory negligence as defences, and the damages and injunctions a successful claimant may obtain..
It covers contributory Negligence, Volenti and Other Defences, pecuniary and Non-Pecuniary Losses and injunctions as an Equitable Remedy.
Sample questions from Tort: Defences and Remedies
Answer each one closed book first, then open the answer.
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Contributory Negligence, Volenti and Other Defences
What must the defendant prove regarding the claimant's awareness for volenti to succeed?
Show the answer
The defendant must prove the claimant had full knowledge of the nature and extent of the risk. -
Contributory Negligence, Volenti and Other Defences
When does the act of a stranger operate as a defence to liability under Rylands v Fletcher?
Show the answer
When an unforeseeable act of a third party over whom the defendant had no control caused the escape. -
Pecuniary and Non-Pecuniary Losses
What does 'loss of amenity' refer to as a head of non-pecuniary damages?
Show the answer
Compensation for the reduction in the claimant's ability to enjoy life and engage in activities they previously could. -
Pecuniary and Non-Pecuniary Losses
What type of loss do compensatory damages for pure economic loss cover?
Show the answer
Financial losses suffered by the claimant that are not consequential upon physical injury or property damage. -
Injunctions as an Equitable Remedy
Why might a court decline an injunction even where the claimant has established a tort?
Show the answer
Because the defendant's interest in continuing their activity may outweigh the claimant's interest in protection after balancing conflicting interests. -
Injunctions as an Equitable Remedy
What is a final (perpetual) injunction?
Show the answer
An injunction granted after the case has been decided, providing a permanent remedy.
The 3 subtopics
One subtopic is one session. Work down the list.
| Subtopic | What it covers | Questions |
|---|---|---|
| Contributory Negligence, Volenti and Other Defences | Recall questions on contributory negligence and how damages are reduced, what volenti requires beyond knowledge of the risk, prescription and statutory authority in nuisance, and the defences to Rylands v Fletcher. | 20 |
| Pecuniary and Non-Pecuniary Losses | Recall questions on the principle that damages restore the claimant's position and on the difference between pecuniary and non-pecuniary loss. | 12 |
| Injunctions as an Equitable Remedy | Recall questions on why injunctions are equitable, why one may be refused despite a tort, and the balance the court strikes. | 14 |
How the guide is worked
Answering a question from memory stores it far better than reading the answer again. The guide runs that as a fixed procedure on one subtopic at a time, about twenty minutes a session.
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Step 1 · Closed book
Cover the answers. Work through one subtopic and write down what you can. Leave blanks where you have nothing.
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Step 2 · Open book
Go back to the top. Read each printed answer and write it out in full, including the ones you had right.
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Step 3 · Closed book again
Same questions, same order, from memory. The gap between pass one and pass three is the session result.
Read the full method, the return schedule and the research behind it.
Nearby topics
AQA A-Level Law Active Recall Guide
Every topic, not just this one. 2,352 questions with their answers.