A-level Law₇₁₆₂

The rules of tort law

Rules and principles concerning liability and fault in actions for negligence, occupiers' liability, nuisance and vicarious liability, and associated defences and remedies.

Theory of tort law

Analysis and evaluation of when tort law imposes liability, with particular reference to the issues specified below:

• basic understanding of the public policy factors governing the imposition of a duty of care (the Caparo three-part test) in a claim for physical injury to people and damage to property
• basic understanding of the policy factors governing imposition of liability for pure economic loss and psychiatric injury
• basic understanding of the factors governing the objective standard of care in an action for negligence
• basic understanding of the factors governing the grant of an injunction as a remedy, and the way in which conflicting interests are balanced
• basic understanding of the nature and purpose of vicarious liability.

Liability in negligence for physical injury to people and damage to property

• Duty of care: the 'neighbour' principle; the Caparo three-part test.
• Breach of duty: the objective standard of care.
• Damage: factual causation and legal causation (remoteness of damage).

Liability in negligence for economic loss and psychiatric injury

• Liability for pure economic loss caused by negligent acts and negligent misstatements.
• Liability for psychiatric injury sustained by primary and secondary victims.

Occupiers' liability

• Liability in respect of visitors (Occupiers’ Liability Act 1957).
• Liability in respect of trespassers (Occupiers' Liability Act 1984).

Nuisance and the escape of dangerous things

• Private nuisance.
• The rule in Rylands v Fletcher.

Vicarious liability

• • Nature and purpose of vicarious liability
  • Testing employment status
  • Other areas of vicarious liability

Defences

• Contributory negligence.
• Consent (volenti non fit injuria).
• Defences specific to private nuisance and the rule in Rylands v Fletcher.

Remedies

• Basic understanding of compensatory damages for physical injury to people, damage to property and economic loss; basic understanding of the principle of mitigation of loss.
• Injunctions.