Eduqas A-Level Law: the law of tort (Components 2 and 3) complete overview

The law of tort is one of the four substantive areas of Eduqas A-Level Law (a private law option), examined as one section of Component 2 (scenario) and Component 3 (evaluation). A tort is a civil wrong that gives the victim a right to a remedy, usually damages. This overview ties the topics together; each has a matching dot-point page.

Negligence

Negligence is the central tort. The claimant must prove a duty of care (Donoghue v Stevenson; the Caparo test), a breach of that duty (the standard of the reasonable person), and that the breach caused damage (the "but for" test, Barnett) that was not too remote (reasonably foreseeable, The Wagon Mound). Special rules govern pure economic loss and psychiatric harm.

Occupiers liability

An occupier of premises owes duties to those on the land. The Occupiers Liability Act 1957 sets a common duty of care to lawful visitors; the Occupiers Liability Act 1984 sets a narrower, conditional duty to trespassers, covering personal injury only.

Nuisance and Rylands v Fletcher

Private nuisance protects the use and enjoyment of land from unlawful interference; public nuisance affects a class of people; and the rule in Rylands v Fletcher imposes liability for an escape of something likely to do mischief brought onto the land in a non-natural use.

Vicarious liability

Vicarious liability makes an employer liable for an employee's torts committed in the course of employment, even without fault, provided the worker is an employee and the tort is closely connected with the work (Lister v Hesley Hall; Mohamud).

Defences and remedies

The general defences include consent (volenti), contributory negligence (which reduces damages) and necessity. The main remedies are compensatory damages (special and general) and injunctions (especially in nuisance).

How tort is examined

• Component 2 scenario (AO2). Identify the tort, state the law with authority, apply each element to the facts, consider defences, and conclude on liability and remedy.
• Component 3 essay (AO3). Analyse and evaluate an area (for example vicarious liability or the duty of care), with a reasoned judgement.