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EnglandLegal Studies

The Law of Tort (Components 2 and 3)

5 dot points across 5 inquiry questions. Click any dot point for a focused answer with worked past exam questions where available.

When does one person owe another a duty of care, and how is a negligence claim proved?

Liability in negligence: the duty of care (Donoghue v Stevenson and the Caparo test), breach of duty (the reasonable person and the risk factors), and damage (factual causation by the but for test and remoteness under The Wagon Mound).
An Eduqas A-Level Law guide to liability in negligence. Explains the duty of care, breach and the risk factors, and causation and remoteness of damage, with worked scenario answers and the AO2 application the paper rewards.
18 min answer →

How does the law protect the use and enjoyment of land from interference, and when is there strict liability for an escape?

Nuisance and the rule in Rylands v Fletcher: private nuisance (unlawful interference with the use and enjoyment of land, the factors and defences), public nuisance, and the rule in Rylands v Fletcher (a non-natural use, the escape of a dangerous thing and foreseeable damage).
An Eduqas A-Level Law guide to nuisance and the rule in Rylands v Fletcher. Explains private and public nuisance, the relevant factors and defences, and strict liability for an escape, with worked scenario answers and the AO2 application the paper rewards.
17 min answer →

What duty does an occupier of premises owe to lawful visitors and to trespassers?

Occupiers liability: the duty owed to lawful visitors under the Occupiers Liability Act 1957 (the common duty of care, children, skilled visitors and independent contractors) and the duty owed to trespassers under the Occupiers Liability Act 1984.
An Eduqas A-Level Law guide to occupiers liability. Explains the common duty of care to lawful visitors under the 1957 Act and the conditional duty to trespassers under the 1984 Act, with worked scenario answers and the AO2 application the paper rewards.
17 min answer →

What defences can reduce or defeat a tort claim, and what remedies can the claimant obtain?

Defences and remedies in tort: the defences of consent (volenti non fit injuria), contributory negligence and necessity, and the remedies of compensatory damages (special and general) and injunctions.
An Eduqas A-Level Law guide to the defences and remedies in tort. Explains consent, contributory negligence and necessity, and compensatory damages and injunctions, with worked scenario answers and the AO2 application the paper rewards.
16 min answer →

When is an employer liable for a tort committed by an employee?

Vicarious liability: the requirement of a relationship of employment (the tests for employee status), a tort committed by the employee, and that the tort was committed in the course of employment (the close connection test).
An Eduqas A-Level Law guide to vicarious liability. Explains the tests for employee status, the requirement of a tort, and the close connection test for the course of employment, with worked scenario answers and the AO2 application the paper rewards.
16 min answer →