Tort law Exam 2025 Questions and
Answers
What is a 'tort'? Where does the term originate from? - --Answer --• A civil
wrong
• French word for "wrong"
• Who is claimant?
• Who is defendant? - --Answer --• An injured victim of wrongdoing. They
bring an action to recover compensation for their loss/damage
• The person/business responsible for the loss/damage
What does claimant have to do? - --Answer --• Prepare the claim and the
initial evidence
• Suggest the amount of damages
What is a remedy? What are the two types of it? - --Answer --1) An order
made by a court to enforce/satisfy a tort claim
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,2) • Damages - the payment of money as compensation for the loss/damage
suffered
• Injunction - a court order addressed to the defendant to stop doing something
What does the judge decide? - --Answer --• The liability
• The amount of damages
• If the winning party is entitled to the payment of their legal costs by losing party
What can appeal be made against? - --Answer --• Liability
• Amount of damages awarded
What if claimant is underaged? - --Answer --Parent/litigation friend takes
the action on their behalf
What is a standard of proof? Who is it on? - --Answer --• On the balance of
probabilities
• On the claimant
What are defences available? - --Answer --• Dispute the case
• Suggest the claimant wholly or partly caused their own injury
What is the main point of tort law? - --Answer --"Person has certain
interests which others have the obligation to respect"
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,What are the protected interests? - --Answer --• Personal harm
• Physical
• Reputational harm (defamation: libel/slander)
• Personal freedom
• Harm to property
• Harm to financial interests
What are the main aims of tort law? - --Answer --• To provide
compensation to injured victims
• To achieve and provide justice for an injured victim
• It is morally fair that an injury causer should be required to pay for the suffering
caused, penalising a defendant
• Loss distribution - greater liablity should be imposed on businesses/companies
whose activities cause physical injury and damage
• To achieve policy aims of improving standards
• What is the compensation culture?
• What has the Compensation Act 2006 changed? - --Answer --• Attitude to
sue for even the most trivial reasons/where only minor injury/damage has been
caused
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, • It became an offence to run an unauthorised claims management company
What is the difference between tort law and contract law? - --Answer --•
Contract law - previously entered contract
• Tort law - no formal relationship before the incident
What is a negligence? What must be proved? - --Answer --• An act or a
failure to act which causes injury to another person/damage to their property
• Duty of care + breach of duty + damage caused
What was the Donoghue v Stevenson (1932)? What has it established? - --
Answer --• Beer manufacturers were found liable for causing injury (snail in
a bottle)
• The neighbour principle - the person who is owed a duty of care by the
defendant. It is anyone who could be injured by your act/omission
What is incremental? - --Answer --Development of the law through cases
What is the Caparo v Dickman (1990) case? What has it established? - --
Answer --Economic loss = injury/damage
What is a three-part (Caparo test)? Give case examples. - --Answer --1) An
update of the neighbour principle
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Answers
What is a 'tort'? Where does the term originate from? - --Answer --• A civil
wrong
• French word for "wrong"
• Who is claimant?
• Who is defendant? - --Answer --• An injured victim of wrongdoing. They
bring an action to recover compensation for their loss/damage
• The person/business responsible for the loss/damage
What does claimant have to do? - --Answer --• Prepare the claim and the
initial evidence
• Suggest the amount of damages
What is a remedy? What are the two types of it? - --Answer --1) An order
made by a court to enforce/satisfy a tort claim
....COPYRIGHT ©️ 2025 ALL RIGHTS RESERVED...TRUSTED & VERIFIED 1
,2) • Damages - the payment of money as compensation for the loss/damage
suffered
• Injunction - a court order addressed to the defendant to stop doing something
What does the judge decide? - --Answer --• The liability
• The amount of damages
• If the winning party is entitled to the payment of their legal costs by losing party
What can appeal be made against? - --Answer --• Liability
• Amount of damages awarded
What if claimant is underaged? - --Answer --Parent/litigation friend takes
the action on their behalf
What is a standard of proof? Who is it on? - --Answer --• On the balance of
probabilities
• On the claimant
What are defences available? - --Answer --• Dispute the case
• Suggest the claimant wholly or partly caused their own injury
What is the main point of tort law? - --Answer --"Person has certain
interests which others have the obligation to respect"
....COPYRIGHT ©️ 2025 ALL RIGHTS RESERVED...TRUSTED & VERIFIED 2
,What are the protected interests? - --Answer --• Personal harm
• Physical
• Reputational harm (defamation: libel/slander)
• Personal freedom
• Harm to property
• Harm to financial interests
What are the main aims of tort law? - --Answer --• To provide
compensation to injured victims
• To achieve and provide justice for an injured victim
• It is morally fair that an injury causer should be required to pay for the suffering
caused, penalising a defendant
• Loss distribution - greater liablity should be imposed on businesses/companies
whose activities cause physical injury and damage
• To achieve policy aims of improving standards
• What is the compensation culture?
• What has the Compensation Act 2006 changed? - --Answer --• Attitude to
sue for even the most trivial reasons/where only minor injury/damage has been
caused
....COPYRIGHT ©️ 2025 ALL RIGHTS RESERVED...TRUSTED & VERIFIED 3
, • It became an offence to run an unauthorised claims management company
What is the difference between tort law and contract law? - --Answer --•
Contract law - previously entered contract
• Tort law - no formal relationship before the incident
What is a negligence? What must be proved? - --Answer --• An act or a
failure to act which causes injury to another person/damage to their property
• Duty of care + breach of duty + damage caused
What was the Donoghue v Stevenson (1932)? What has it established? - --
Answer --• Beer manufacturers were found liable for causing injury (snail in
a bottle)
• The neighbour principle - the person who is owed a duty of care by the
defendant. It is anyone who could be injured by your act/omission
What is incremental? - --Answer --Development of the law through cases
What is the Caparo v Dickman (1990) case? What has it established? - --
Answer --Economic loss = injury/damage
What is a three-part (Caparo test)? Give case examples. - --Answer --1) An
update of the neighbour principle
....COPYRIGHT ©️ 2025 ALL RIGHTS RESERVED...TRUSTED & VERIFIED 4
