Law of Tort overview: negligence, occupiers' liability, nuisance and vicarious liability for WJEC Unit 2

This overview maps WJEC A-Level Law Unit 2: the Law of Tort. Tort is the area of civil law concerned with civil wrongs that cause harm, and the unit is assessed largely by scenario questions that ask you to advise whether a claim succeeds. The dot-point pages below give exam-focused answers with the leading cases and worked questions.

What Unit 2 covers

Unit 2 examines liability and fault in the main torts, with their defences and remedies:

• Negligence: establishing a duty of care, breach of that duty, and damage that is caused and not too remote.
• Occupiers' liability: the duty to lawful visitors (Occupiers' Liability Act 1957) and to trespassers (Occupiers' Liability Act 1984).
• Nuisance and Rylands v Fletcher: private nuisance balancing competing uses of land, and strict liability for the escape of a dangerous thing.
• Vicarious liability: an employer's liability for an employee's tort committed in the course of employment.
• Defences and remedies: contributory negligence, consent and illegality; damages and injunctions.

Negligence: the core tort

Negligence is the heart of the unit. A claimant must prove three elements: a duty of care (Donoghue v Stevenson and the Caparo test), a breach of that duty (the reasonable person standard, varied for professionals, learners and children, and decided by risk factors), and damage that is factually caused (the 'but for' test) and not too remote. Every other tort in the unit can be approached the same way, as a checklist of elements to apply to the facts.

The land torts and vicarious liability

Occupiers' liability and nuisance both concern premises and land. Occupiers' liability splits between the 1957 Act (visitors) and the 1984 Act (trespassers), with special rules for children. Private nuisance and Rylands v Fletcher protect the use and enjoyment of land, the former from unreasonable interference and the latter from the escape of dangerous things. Vicarious liability is different: it makes an employer answerable for an employee's tort, providing a second, solvent defendant where the close connection test is met.

Defences and remedies

Every claim can meet a defence. Contributory negligence is partial and reduces damages; consent (volenti) and illegality are complete and defeat the claim. The principal remedy is compensatory damages (special and general), subject to mitigation, paid as a lump sum or a structured settlement, while the injunction is the key equitable remedy in nuisance.

How to study Unit 2

1. Build a checklist for each tort. Learn the elements in order with a case for each.
2. Apply to the facts. Scenario questions reward methodical application, not recital.
3. Always consider defences and remedies. A full answer addresses both liability and consequences.
4. Memorise key cases. Donoghue, Caparo, the Wagon Mound, Wheat v Lacon, Rylands, Lister and Froom anchor the unit.
5. Practise advising. End each answer with a clear conclusion on whether the claim succeeds.

The topics, dot point by dot point

Each tort below has its own dot-point page with worked exam questions and cross-links, covering negligence, occupiers' liability, nuisance and Rylands v Fletcher, vicarious liability, and the defences and remedies.

For the official specification

WJEC publishes the full specification, past papers and mark schemes at wjec.co.uk. Always revise from the current specification and WJEC's own past papers, because the scenario style and mark schemes are board-specific.