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EnglandLegal Studies

The Law of Tort (Component 2, Section B)

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

What must a claimant prove to establish liability in negligence, and how do duty, breach and damage fit together?

Liability in negligence: the duty of care, breach of duty (the objective standard and the risk factors), and damage (factual causation, remoteness and intervening acts).
An OCR A-Level Law guide to liability in negligence. Explains the duty of care, breach of duty and the risk factors, and damage through factual causation and remoteness, with key cases, worked scenario answers and the AO2 application the paper rewards.
16 min answer →

When is interference with the use of land actionable as private nuisance, and what is the strict liability rule in Rylands v Fletcher?

Private nuisance (unreasonable interference with the use or enjoyment of land and the relevant factors) and the rule in Rylands v Fletcher (strict liability for the escape of a dangerous thing brought onto land in a non-natural use).
An OCR A-Level Law guide to private nuisance and the rule in Rylands v Fletcher. Explains unreasonable interference with land and the relevant factors, and the strict liability rule for escapes, with key cases, worked scenario answers and the AO2 application the paper rewards.
16 min answer →

When is an occupier of premises liable for injury to lawful visitors and to trespassers?

Occupiers' liability: the duty to lawful visitors under the Occupiers' Liability Act 1957 and the duty to trespassers under the Occupiers' Liability Act 1984.
An OCR A-Level Law guide to occupiers' liability. Explains the duty to lawful visitors under the Occupiers' Liability Act 1957 and the duty to trespassers under the Occupiers' Liability Act 1984, with key cases, worked scenario answers and the AO2 application the paper rewards.
16 min answer →

What defences can reduce or defeat a claim in tort, and what remedies are available to a successful claimant?

Defences in tort (contributory negligence and consent / volenti non fit injuria) and remedies (compensatory damages, including special and general damages, and injunctions).
An OCR A-Level Law guide to the defences and remedies in tort. Explains contributory negligence and consent (volenti non fit injuria) and the remedies of compensatory damages and injunctions, with key cases, worked exam answers and the AO2 application the paper rewards.
15 min answer →

When is an employer liable for the torts committed by an employee, and why does the law impose this liability?

Vicarious liability: the requirement of a relationship of employment (or one akin to it) and that the tort was committed in the course of employment (the close connection test), and the policy reasons for the doctrine.
An OCR A-Level Law guide to vicarious liability. Explains the requirement of an employment relationship (or one akin to it), the close connection test for the course of employment, and the policy reasons for the doctrine, with key cases, worked exam answers and the AO2 application the paper rewards.
15 min answer →