AQA A-Level Law 3.3 Tort: a complete overview of negligence, land torts, liability and remedies

What this module actually demands

Tort is the civil-liability heart of AQA A-Level Law. Module 3.3 runs from the underlying theory, through negligence and the land-based torts, to vicarious liability and the defences and remedies. The examiners test two linked skills: precise knowledge of the elements of each tort, and the structured application of those elements to scenarios.

This guide walks through all six topics of the module, then sets out the exam patterns AQA repeats. Each topic has a matching dot-point page with practice questions; this overview ties them together.

Theory and negligence

The module opens with the rules and theory of tort: the nature and purpose of tort law, the relationship between tort and fault (most torts are fault-based, but some impose strict liability), the aims of compensation and deterrence, and policy considerations such as the floodgates argument.

Negligence is the central topic. It requires a duty of care (the Caparo v Dickman three-stage test, building on Donoghue v Stevenson), a breach of that duty judged against the reasonable person with its risk factors, and damage caused by the breach that is not too remote (factual causation under Barnett, remoteness under The Wagon Mound). Special restrictive rules govern psychiatric injury (the Alcock control mechanisms) and pure economic loss (Hedley Byrne).

The land-based torts and vicarious liability

Occupiers' liability covers the duty owed to lawful visitors under the Occupiers' Liability Act 1957 (with rules for children, skilled visitors and independent contractors) and the narrower duty owed to trespassers under the Occupiers' Liability Act 1984.

Private nuisance and the rule in Rylands v Fletcher covers the unlawful indirect interference with the use and enjoyment of land, the factors the courts weigh (locality, duration, sensitivity, malice), and the strict liability rule in Rylands v Fletcher (bringing and accumulating a dangerous thing for a non-natural use that escapes and causes foreseeable damage).

Vicarious liability makes an employer strictly liable for an employee's tort, requiring a relationship of employment (or one akin to it) and a tort committed in the course of employment, judged by the close connection test (Lister v Hesley Hall, Mohamud v WM Morrison).

Defences and remedies

The module closes with the defences and remedies in tort: the partial defence of contributory negligence (reducing damages under the 1945 Act), the complete defence of consent (volenti), and the remedies of compensatory damages (special and general) and injunctions.

How this module is examined

A typical AQA profile for tort:

• Problem questions. A scenario asking you to advise on liability, worked through the elements of the relevant tort, then defences and remedies.
• Short-answer questions. Stating the Caparo test, the elements of Rylands v Fletcher, or the requirements of vicarious liability.
• Evaluation and extended answers. Assessing the duty of care, the law on vicarious liability, the fault basis of tort, or the rules on psychiatric injury.

Check your knowledge

A mix of recall and application questions covering module 3.3. Attempt them under timed conditions, then check against the solutions.

1. Name the three elements a claimant must prove in negligence. (3 marks)
2. Explain the three stages of the Caparo test. (3 marks)
3. State the common duty of care under the Occupiers' Liability Act 1957. (2 marks)
4. Explain the three conditions in section 1(3) of the Occupiers' Liability Act 1984. (3 marks)
5. Explain the four requirements of the rule in Rylands v Fletcher. (4 marks)
6. State the two requirements for vicarious liability. (2 marks)
7. State the effect of a successful plea of contributory negligence. (2 marks)
8. Explain the difference between special and general damages. (3 marks)