Tort: Rules and Theory | AQA A-Level Law (7162)
Tort: Rules and Theory
- 91 questions
- 7 subtopics
- Paper 2: Tort
- Paper 2
The shape of tort liability and the policy behind it — the floodgates argument, defensive practice and the reluctance to compensate pure economic loss..
It covers the Areas of Tort Liability, duty of Care, Breach and Causation, secondary Victims and Occupiers' Liability, nuisance, Rylands v Fletcher and Tort Defences, damages and Injunctions in Tort, policy Limits on the Duty of Care and vicarious Liability: Justifications and Employment Status.
Sample questions from Tort: Rules and Theory
Answer each one closed book first, then open the answer.
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The Areas of Tort Liability
What does occupiers' liability concern as an area of tort?
Show the answer
The duties owed by those who occupy premises to persons who enter those premises. -
The Areas of Tort Liability
What is the first element a claimant must establish in a negligence claim?
Show the answer
That the defendant owed the claimant a duty of care. -
Duty of Care, Breach and Causation
How does potential severity of harm influence the objective standard of care?
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The more serious the potential harm, the greater the precautions a reasonable person would take. -
Duty of Care, Breach and Causation
What constitutes psychiatric injury for the purposes of tort law?
Show the answer
A recognised psychiatric illness, not mere grief, distress or emotional upset. -
Secondary Victims and Occupiers' Liability
How must a secondary victim have perceived the accident or its aftermath to recover?
Show the answer
With their own unaided senses. -
Secondary Victims and Occupiers' Liability
What does the Occupiers' Liability Act 1984 govern?
Show the answer
The duty owed by occupiers to trespassers and other non-visitors. -
Nuisance, Rylands v Fletcher and Tort Defences
What is the defence of consent (volenti non fit injuria)?
Show the answer
A complete defence where the claimant voluntarily agreed to accept the risk of harm. -
Nuisance, Rylands v Fletcher and Tort Defences
What is the 'act of God' defence to Rylands v Fletcher?
Show the answer
A defence where the escape was caused by extraordinary natural forces that could not reasonably have been anticipated.
The 7 subtopics
One subtopic is one session. Work down the list.
| Subtopic | What it covers | Questions |
|---|---|---|
| The Areas of Tort Liability | Recall questions on the two requirements for fault-based liability and on negligence, occupiers' liability and nuisance as areas of tort. | 8 |
| Duty of Care, Breach and Causation | Recall questions on the neighbour principle and the Caparo test, the objective standard of care and the factors that decide breach, the but for test and remoteness, pure economic loss, and primary and secondary victims. | 22 |
| Secondary Victims and Occupiers' Liability | Recall questions on the relationship and proximity a secondary victim must show, how they must have perceived the event, and what the 1957 Act governs. | 8 |
| Nuisance, Rylands v Fletcher and Tort Defences | Recall questions on private nuisance and the rule in Rylands v Fletcher, and the defences of contributory negligence, consent, statutory authority, coming to the nuisance, act of a stranger, act of God and default of the claimant. | 11 |
| Damages and Injunctions in Tort | Recall questions on compensatory damages for pain, lost earnings and medical costs, mitigation of loss, prohibitory and mandatory injunctions, the interests courts balance, and when damages are awarded instead of an injunction. | 19 |
| Policy Limits on the Duty of Care | Recall questions on the floodgates argument, the fear of defensive practice, alternative remedies and the reluctance over pure economic loss. | 9 |
| Vicarious Liability: Justifications and Employment Status | Recall questions on what vicarious liability is and why it is imposed, from compensation to workplace safety, and on the control, integration, equipment and financial risk factors that decide employment status. | 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.