©THESTAR EXAM SOLUTIONS 2024/2025
ALL RIGHTS RESERVED.
Tort Law – SQE Exam Questions With
Correct Answers.
To establish a claim in negligence you must consider... - answer✔1. Loss
2. Damage
3. Breach
4. Causation
5. Remoteness
6. Defences
Donoghue v Stevenson - Neighbour principle - answer✔First case to establish Doc.
Proximity and foreseeability important in deciding who you owe a DoC to.
Old law - replaced by Caparo.
Three-stage approach to DoC.... - answer✔established by Caparo.
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1. Foreseeability of harm - test is objective; what could the reasonable person be expected to
foresee.
2. Sufficient proximity between claimant and defendant
3. It must be fair, just and reasonable
Courts have indicated this is the starting point for determining a DoC in novel cases - should be
applied incrementally by analogy with established authorities.
Policy considerations that can narrow or broaden scope of claims - answer✔Floodgates
Insurance
Crushing liability
Deterrence
Maintenance of high standards
Defensive practices
If there is a precedent making clear whether a DoC is owed - answer✔apply said precedent
2|Page
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If there is no precedent making clear whether or not a duty is owed... - answer✔1. Consider
whether duty should be imposed by analogy with existing cases within the context of Caparo
criteria.
2. The harm suffered must be reasonable foreseeable
3. There must be suffienct proximity
4. Involves consideration of what is fair, just and reasonable
General rule for liability for omissions - answer✔There is no such duty for a mere failure to act
(i.e. an omission)
However - there are some exceptions
Exceptions to general rule of no liability for omissions - answer✔1. Where there is a statutory
duty; i.e. a positive duty is imposed on D by statute
2. Where there is a contractual duty
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3. Where the defendant has sufficient control over the claimant (e.g. parent over child)
4. Where the defendant assumes responsibility for the claimant
5.Where the defendant creates the risk
Omissions and the emergency services - answer✔Ambulance services - owe a duty of care to
respond to a 999 call within a reasonable time.
Fire brigade owes no duty of care to attend a fire, but if they do attend, they owe a duty not to
make the situation worse through a positive act.
The police owe no duty of care to respond to emergency calls.
Liability for acts of third parties - answer✔General rule = tort only imposes duty on those who
directly cause injury/damage to another.
No such duty is imposed on a failure to prevent third-party harm.
Exceptions to general rule that no duty is imposed on a failure to prevent third-party harm: -
answer✔1. sufficient proximity between defendant and claimant
4|Page
ALL RIGHTS RESERVED.
Tort Law – SQE Exam Questions With
Correct Answers.
To establish a claim in negligence you must consider... - answer✔1. Loss
2. Damage
3. Breach
4. Causation
5. Remoteness
6. Defences
Donoghue v Stevenson - Neighbour principle - answer✔First case to establish Doc.
Proximity and foreseeability important in deciding who you owe a DoC to.
Old law - replaced by Caparo.
Three-stage approach to DoC.... - answer✔established by Caparo.
1|Page
, ©THESTAR EXAM SOLUTIONS 2024/2025
ALL RIGHTS RESERVED.
1. Foreseeability of harm - test is objective; what could the reasonable person be expected to
foresee.
2. Sufficient proximity between claimant and defendant
3. It must be fair, just and reasonable
Courts have indicated this is the starting point for determining a DoC in novel cases - should be
applied incrementally by analogy with established authorities.
Policy considerations that can narrow or broaden scope of claims - answer✔Floodgates
Insurance
Crushing liability
Deterrence
Maintenance of high standards
Defensive practices
If there is a precedent making clear whether a DoC is owed - answer✔apply said precedent
2|Page
, ©THESTAR EXAM SOLUTIONS 2024/2025
ALL RIGHTS RESERVED.
If there is no precedent making clear whether or not a duty is owed... - answer✔1. Consider
whether duty should be imposed by analogy with existing cases within the context of Caparo
criteria.
2. The harm suffered must be reasonable foreseeable
3. There must be suffienct proximity
4. Involves consideration of what is fair, just and reasonable
General rule for liability for omissions - answer✔There is no such duty for a mere failure to act
(i.e. an omission)
However - there are some exceptions
Exceptions to general rule of no liability for omissions - answer✔1. Where there is a statutory
duty; i.e. a positive duty is imposed on D by statute
2. Where there is a contractual duty
3|Page
, ©THESTAR EXAM SOLUTIONS 2024/2025
ALL RIGHTS RESERVED.
3. Where the defendant has sufficient control over the claimant (e.g. parent over child)
4. Where the defendant assumes responsibility for the claimant
5.Where the defendant creates the risk
Omissions and the emergency services - answer✔Ambulance services - owe a duty of care to
respond to a 999 call within a reasonable time.
Fire brigade owes no duty of care to attend a fire, but if they do attend, they owe a duty not to
make the situation worse through a positive act.
The police owe no duty of care to respond to emergency calls.
Liability for acts of third parties - answer✔General rule = tort only imposes duty on those who
directly cause injury/damage to another.
No such duty is imposed on a failure to prevent third-party harm.
Exceptions to general rule that no duty is imposed on a failure to prevent third-party harm: -
answer✔1. sufficient proximity between defendant and claimant
4|Page
