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EnglandLegal Studies

3.3 Tort

6 dot points across 6 inquiry questions. Click any dot point for a focused answer with worked past exam questions where available.

How can a defendant defend a tort claim, and what remedies can a successful claimant obtain?

Defences and remedies in tort: the defences of contributory negligence and consent (volenti non fit injuria), and the remedies of compensatory damages and injunctions.
A focused answer to the AQA A-Level Law defences and remedies in tort topic, covering the defences of contributory negligence and consent (volenti non fit injuria) and the remedies of compensatory damages and injunctions.
10 min answer →

When is a person legally responsible for harm caused by their carelessness?

Negligence: the duty of care and the Caparo test, breach of duty and the standard of care, causation and remoteness of damage, and the rules on pure economic loss and psychiatric injury.
A focused answer to the AQA A-Level Law negligence topic, covering the duty of care and the Caparo test, breach and the standard of the reasonable person, factual and legal causation, remoteness, and the special rules on psychiatric injury and pure economic loss.
12 min answer →

How does the law protect a person's use and enjoyment of their land?

Private nuisance and the rule in Rylands v Fletcher: the elements of private nuisance, relevant factors, the strict liability rule in Rylands v Fletcher, and the available defences.
A focused answer to the AQA A-Level Law nuisance and Rylands v Fletcher topic, covering the elements and factors of private nuisance, the strict liability rule in Rylands v Fletcher and its requirements, and the defences available to each.
11 min answer →

What duty does an occupier of premises owe to people who come onto their land?

Occupiers' liability: the duty owed to lawful visitors under the Occupiers' Liability Act 1957 and the duty owed to trespassers under the Occupiers' Liability Act 1984.
A focused answer to the AQA A-Level Law occupiers' liability topic, covering the duty owed to lawful visitors under the Occupiers' Liability Act 1957 and the more limited duty owed to trespassers under the Occupiers' Liability Act 1984.
10 min answer →

What is the law of tort for, and what theories underpin it?

Rules and theory of tort: the nature and purpose of tort law, the relationship between tort and fault, the aims of compensation and deterrence, and policy considerations.
A focused answer to the AQA A-Level Law rules and theory of tort topic, covering the nature and purpose of tort law, the relationship between tort and fault, the aims of compensation and deterrence, and policy considerations such as the floodgates argument.
9 min answer →

When can one person be held liable in tort for the wrongs committed by another?

Vicarious liability: the requirement of a relationship of employment or one akin to it, the requirement that the tort be committed in the course of employment, and the justifications for the doctrine.
A focused answer to the AQA A-Level Law vicarious liability topic, covering the relationship of employment or one akin to it, the requirement that the tort be in the course of employment, the close connection test, and the justifications for the doctrine.
10 min answer →