Tort Law Exam 2025 Questions and
Answers
Case example for proprietary interests - legal standing - --Answer --Malone v
Laskey [1907] A woman was injured while using the toilet when its cistern fell on
top of her. It had been disloged by vibrations emanating from the electricity
generator on the neighbouring defendant's property. CoA held that she had no
cause of action in nuisance against the defendant, because she had no proprietary
interest in the premises - the house belonged to her husband's employer. She was
'merely present in the house'.
Key case for But for Test - --Answer --Barnett v Chelsea and Kensington
Hospital Management Commitment [1969] - Doctor failed to properly examine a
man in a&e department. It transpired that the men was suffering from arsenic
poisoning from which he subsequently died. The Doctor admitted negligence but
said he had not caused the man's death. It could not be said that 'but for' the
doctor's negligence the man would have survived. Court held as the doctor's
negligence was not a necessary condition for the mans death, he could not be held
liable for it.
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,Case that the but for test doesnt work - --Answer --Wilsher v Essex Area
Health Authority [1988] - After difficult delivery, baby was mistakenly given too
much oxygen by the doctor. The baby suffered injury, resulting in blindness. There
were also 5 other factors for babies' blindness - C was unable to prove on a
balance of probabilities that the excess oxygen had been the cause of his blindness.
Courts applied but for test and found Causation was not established. Too many
factors for the courts to determine whether the defendant was liable.
Key case for material contribution - --Answer --Bonnington Castings V
Wardlaw [1956] - A factory employee contracted pneumoconiosis, a lung
condition, from the inhalation of silica dust. He sued his employer in negligence.
Some dust inhalation was an inevitable consequence of the work being done. HoL
found that there was a higher level of dust in the air than there should have been,
due to the employers negligence is not adequately ventilating the factory. The
question was, then, whether the 'guilty' dust made any difference to the claimant's
chances of contracting the disease. Couldnt be established exactly at what point the
disease occured. The House of Lords found that because cumulatively the
innocent and guilty dust were more likely to cause harm, it was enough to show
that the defendants negligence made a material contribution to the condition.
Case example for Joint and Several Liability - --Answer --Fairchild v
Glenhaven Funeral Services Ltd [2002] - While working for a number of
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, employers C was exposed to asbestos dust. As a result, C developed a lung disease.
Court took a controversial approach because departs from the normal 'but-for'
legal pricniple - Court follows Mcghee ruling each D was treated as having created
a 'material increase of risk' of damage to C. If the liability of employers was joint
and several, C can sue all the employers or just one for the damage caused.
Act that reinforces Fairchild position - --Answer --Compensation Act 2006 -
Clarifies position of joint and several liability in cases of asbestos-related
mesothelioma. Any one negligent could, if necessary be ordered to bear 100%
liability, regardless of the extent of their involvement with C. Article 3(2) 'if others
have also exposed the victim to asbestos then liability is 'joint and several'
Case example for Novus Actus Interveniens - --Answer --McKew v Holland
[1969] - C suffered an injury to his leg caused by D, the employers negligence. For
some time after the event, he suffered from a condition which meant his leg
frequently gave way. When he attempted to descend a steep flight of stairs with no
handrail, he suffered further serious injuries. He did not seek assistance in climbing
the stairs. C sues for negligence, act was novus actus interveniens, broke chain of
causation. D was not liable for the effects of the second accident.
Case example for intervening act of a third party - --Answer --Knightley v
Johns [1982] - D, jones, through negligent driving, crashed and blocked a tunnel.
The police officer sent a police motorcyclist back against the flow of the the traffic
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Answers
Case example for proprietary interests - legal standing - --Answer --Malone v
Laskey [1907] A woman was injured while using the toilet when its cistern fell on
top of her. It had been disloged by vibrations emanating from the electricity
generator on the neighbouring defendant's property. CoA held that she had no
cause of action in nuisance against the defendant, because she had no proprietary
interest in the premises - the house belonged to her husband's employer. She was
'merely present in the house'.
Key case for But for Test - --Answer --Barnett v Chelsea and Kensington
Hospital Management Commitment [1969] - Doctor failed to properly examine a
man in a&e department. It transpired that the men was suffering from arsenic
poisoning from which he subsequently died. The Doctor admitted negligence but
said he had not caused the man's death. It could not be said that 'but for' the
doctor's negligence the man would have survived. Court held as the doctor's
negligence was not a necessary condition for the mans death, he could not be held
liable for it.
....COPYRIGHT ©️ 2025 ALL RIGHTS RESERVED...TRUSTED & VERIFIED 1
,Case that the but for test doesnt work - --Answer --Wilsher v Essex Area
Health Authority [1988] - After difficult delivery, baby was mistakenly given too
much oxygen by the doctor. The baby suffered injury, resulting in blindness. There
were also 5 other factors for babies' blindness - C was unable to prove on a
balance of probabilities that the excess oxygen had been the cause of his blindness.
Courts applied but for test and found Causation was not established. Too many
factors for the courts to determine whether the defendant was liable.
Key case for material contribution - --Answer --Bonnington Castings V
Wardlaw [1956] - A factory employee contracted pneumoconiosis, a lung
condition, from the inhalation of silica dust. He sued his employer in negligence.
Some dust inhalation was an inevitable consequence of the work being done. HoL
found that there was a higher level of dust in the air than there should have been,
due to the employers negligence is not adequately ventilating the factory. The
question was, then, whether the 'guilty' dust made any difference to the claimant's
chances of contracting the disease. Couldnt be established exactly at what point the
disease occured. The House of Lords found that because cumulatively the
innocent and guilty dust were more likely to cause harm, it was enough to show
that the defendants negligence made a material contribution to the condition.
Case example for Joint and Several Liability - --Answer --Fairchild v
Glenhaven Funeral Services Ltd [2002] - While working for a number of
....COPYRIGHT ©️ 2025 ALL RIGHTS RESERVED...TRUSTED & VERIFIED 2
, employers C was exposed to asbestos dust. As a result, C developed a lung disease.
Court took a controversial approach because departs from the normal 'but-for'
legal pricniple - Court follows Mcghee ruling each D was treated as having created
a 'material increase of risk' of damage to C. If the liability of employers was joint
and several, C can sue all the employers or just one for the damage caused.
Act that reinforces Fairchild position - --Answer --Compensation Act 2006 -
Clarifies position of joint and several liability in cases of asbestos-related
mesothelioma. Any one negligent could, if necessary be ordered to bear 100%
liability, regardless of the extent of their involvement with C. Article 3(2) 'if others
have also exposed the victim to asbestos then liability is 'joint and several'
Case example for Novus Actus Interveniens - --Answer --McKew v Holland
[1969] - C suffered an injury to his leg caused by D, the employers negligence. For
some time after the event, he suffered from a condition which meant his leg
frequently gave way. When he attempted to descend a steep flight of stairs with no
handrail, he suffered further serious injuries. He did not seek assistance in climbing
the stairs. C sues for negligence, act was novus actus interveniens, broke chain of
causation. D was not liable for the effects of the second accident.
Case example for intervening act of a third party - --Answer --Knightley v
Johns [1982] - D, jones, through negligent driving, crashed and blocked a tunnel.
The police officer sent a police motorcyclist back against the flow of the the traffic
....COPYRIGHT ©️ 2025 ALL RIGHTS RESERVED...TRUSTED & VERIFIED 3
