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WalesLegal Studies

The Law of Tort

6 dot points across 6 inquiry questions. Click any dot point for a focused answer with worked past exam questions where available.

How is liability in the tort of negligence established through duty, breach and damage?

Negligence: establishing a duty of care, breach of that duty by falling below the standard of the reasonable person, and damage that is factually caused and not too remote.
Negligence for WJEC A-Level Law Unit 2. Covers the three elements of duty of care (Caparo), breach of duty by the reasonable person standard with risk factors, and damage through factual causation (but for) and legal causation (remoteness), with leading cases.
13 min answer →

How does the law balance competing uses of land through private nuisance and the rule in Rylands v Fletcher?

Nuisance and Rylands v Fletcher: liability in private nuisance for unlawful interference with the use and enjoyment of land, the relevant factors and defences, and strict liability under the rule in Rylands v Fletcher.
Nuisance and Rylands v Fletcher for WJEC A-Level Law Unit 2. Covers private nuisance as unlawful interference with the use and enjoyment of land, the factors of reasonableness, the defences including prescription and statutory authority, and the strict liability rule in Rylands v Fletcher.
13 min answer →

What duties does an occupier owe to lawful visitors and to trespassers, and when is the occupier liable for injury on the premises?

Occupiers' liability: the duty owed to lawful visitors under the Occupiers' Liability Act 1957 and the duty owed to trespassers under the Occupiers' Liability Act 1984, including the special rules for children and defences.
Occupiers' liability for WJEC A-Level Law Unit 2. Covers the duty to lawful visitors under the Occupiers' Liability Act 1957, the special rules for children and skilled visitors, the duty to trespassers under the Occupiers' Liability Act 1984, and the available defences, with cases.
13 min answer →

What defences can a defendant raise to a claim in tort, and what is their effect on liability?

Defences in tort: contributory negligence as a partial defence, consent (volenti non fit injuria) and illegality as complete defences, and necessity, including their requirements and effect.
Defences in tort for WJEC A-Level Law Unit 2. Covers contributory negligence as a partial defence reducing damages, the complete defences of consent (volenti) and illegality, and necessity, with their requirements, effect and leading cases.
12 min answer →

What remedies are available to a successful claimant in tort, and how are damages assessed?

Remedies in tort: compensatory damages (general and special, the aim of restoring the claimant), the principle of mitigation, lump sum and structured settlements, and injunctions.
Remedies in tort for WJEC A-Level Law Unit 2. Covers compensatory damages and the aim of restoring the claimant, the distinction between general and special damages, pecuniary and non-pecuniary loss, mitigation, lump sums and structured settlements, and injunctions.
12 min answer →

When is an employer liable for the torts committed by an employee in the course of their employment?

Vicarious liability: the requirements that there is a relationship akin to employment and that the tort was committed in the course of employment, including the close connection test and frolics of one's own.
Vicarious liability for WJEC A-Level Law Unit 2. Covers the requirement of an employment or akin relationship, the distinction between employees and independent contractors, the course of employment and the close connection test, frolics of one's own, and the justifications for the doctrine.
12 min answer →