OCR A-Level Law: the law of tort (Component 2, Section B) complete overview

The law of tort is the second half of OCR A-Level Law Component 2 (H418/02). It is the law of civil wrongs: when one person's conduct causes harm to another and the law provides a remedy. This overview ties the topics together; each has a matching dot-point page.

Negligence

The central tort. A claimant must prove a duty of care (the neighbour principle; established duties apply, novel ones use Caparo), a breach (falling below the standard of the reasonable person, weighing the risk factors) and damage (factual causation by the "but for" test, and remoteness so the type of harm is foreseeable).

Occupiers liability

Liability for the state of premises. The Occupiers Liability Act 1957 owes lawful visitors a common duty of care; the Occupiers Liability Act 1984 owes trespassers a limited duty arising only if the three section 1(3) conditions are met. The first question is the claimant's status.

Nuisance, Rylands v Fletcher and vicarious liability

Private nuisance is an unreasonable interference with the use of land, judged by factors such as locality, duration, sensitivity and malice. The rule in Rylands v Fletcher is strict liability for the escape of a dangerous thing in a non-natural use. Vicarious liability makes an employer liable for an employee's tort committed in the course of employment (the close connection test).

Defences and remedies

The defences are contributory negligence (a partial defence reducing damages) and consent (a complete defence). The remedies are damages (special and general) and, especially in nuisance, injunctions.

How the law of tort is examined

• Section B scenario (AO2). Identify the tort, run its elements, apply the defences, and assess the remedy, reaching a conclusion on liability.
• Section B evaluation (AO3). Judge an area critically (for example whether vicarious liability is fair, or whether negligence strikes the right balance) and reach a reasoned conclusion.