Tort law UPDATED ACTUAL Exam
Questions and CORRECT Answers
Bernstein of Leigh (Baron) v Skyviews & General Ltd [1978] QB 479 - CORRECT
ANSWER D was a business which used aircraft to take aerial photographs of people's homes
without their permission. D then offered to sell those photographs to the homeowners. Liable to
the homeowners in the tort of trespass to land? Held: rights of an owner to the airspace above
their property are restricted to such height as is necessary for the ordinary use and enjoyment of
their land.
Adams v Ursell [1913] 1 Ch 269 - CORRECT ANSWER A fish and chip shop was
responsible for the smell of deep fried food in a residential street. Neighbour claimed the tort of
nuisance to have it closed down. Held: the interests of ordinary residents trumped those of the
owner of the business and its customers.
Nettleship v Weston [1971] 2 QB 691 - CORRECT ANSWER A learner driver crashed into a
lamp post injuring the only passenger, a family friend, who was teaching her to drive. The
passenger had control of the gearstick and handbrake and the learner driver was steering the car.
Passenger sued the learner driver in the tort of negligence. For reasons of consistence and clarity
all road users must adhere to the same standard of care irrespective of driving experience, so
learner driving found liable in the tort of negligence. Policy consideration: insurance is
compulsory for all motorist, so compensation is available for the passenger.
M'Alister (or Donoghue) v Stevenson [1932] AC 562 (HL) - CORRECT ANSWER the
concept of a duty of care was expanded in a way which addressed the development of (then)
modern packaging and distribution methods for consumer goods. Before that the courts had not
recognised that a duty to take reasonable care in the manufacturing of products could extend
beyond contractual relationships.
slander - CORRECT ANSWER There is a need to prove damage; the protected interest is that
of reputation; and the wrongdoing consists of spoken words or gestures which are defamatory
(i.e. untrue and with the effect of lowering the reputation of the victim)
Product liability under the Consumer Protection Act 1987 - CORRECT ANSWER This is a
statutory tort; there is a need to prove damage; the protected interests are personal (death and
,personal injury) and property (damage to property); the liability is strict and the wrongdoing
concerns a defective product.
assault - CORRECT ANSWER There is no need to prove damage; the wrongdoing causes
someone to be put in fear of immediate physical harm (actual physical harm is a different tort);
and the protected interest is that of bodily integrity.
Action for harassment under the Protection from Harassment Act 1997. - CORRECT
ANSWER This is a statutory tort; there is no need to prove damage; and the standard of
liability is constructive knowledge of harassment.
the traditional 'legal formulae' approach, - CORRECT ANSWER the requirements of different
torts are applied to case facts.
'correlative analysis' - CORRECT ANSWER Peter Cane: the relationship between the victim
of the tortious conduct and the perpetrator or injurer: aim is to understand and explain the law of
tort as a system of ethical principles of personal responsibility or, in other words, a system of
precepts about how people may, ought and ought not to behave in their dealings with others.
Strict liability torts - CORRECT ANSWER Do not require a claimant to prove a tortfeasor
was at fault. Strict liability is a concept rooted in the notion that the general public benefits when
liability is imposed on those who engaged in certain activities that result in harm to another
party, even if the activities were undertaken in the most careful manner possible (without
negligence). Examples: the action in Rylands v Fletcher, publication of private information and
images, product liability under the Consumer Protection Act 1987, breach of statutory duty,
conversion.
Rylands v Fletcher (1868) LR 3 HL 330 - CORRECT ANSWER Person who, for own
purposes, brings onto land/collects and keeps there, anything likely to do mischief if it escapes,
keeps it at his peril and is answerable for all damages arising i.e. natural consequences of its
escape
tortfeasor - CORRECT ANSWER One who commits a tort, the legal or natural person whose
wrongdoing has caused the tort and when an action is brought, is often the defendant.
, vicariously liable - CORRECT ANSWER A principal is legally responsible for the actions of
his or her agent if the agent is acting within the scope of his or her employment- that is, doing
what the principal has directed the agent to do. Employers are held liable for the tortious acts of
their employees or agents and insurance companies are held liable for the tortious acts of those
they insure (s4 Third Parties (Rights against Insurers) Act 1930 or 2010).
defendant, (Scotland) defender - CORRECT ANSWER an individual or group being sued or
charged with a crime
plaintiff (before 1999), claimant, pursuer (Scotland) - CORRECT ANSWER A person or
party filing a lawsuit
tort, delict (Scotland) - CORRECT ANSWER A civil wrong / wrongful act or an infringement
of a right (other than under contract) that unfairly causes someone else to suffer loss or harm
resulting in legal liability for the person who commits the tortious act, called a tortfeasor.
Judicature Acts of 1873 and 1875 - CORRECT ANSWER writ of trespass and writ of trespass
on the case abolished
Reynolds v Clarke (1725) 1 Str 634 - CORRECT ANSWER sets out the distinction between a
wrong caused by a direct and forcible action (trespass) and a wrong caused as a consequence of
an action (trespass on the case)
tortious liability - CORRECT ANSWER arises from the breach of a duty primarily fixed by
law; this duty is towards persons generally and its breach is redressible by an action for
unliquidated damages.
Assault - CORRECT ANSWER An intentional or reckless act that causes someone to be put
in fear of immediate physical harm. Actual physical contact is not necessary
battery - CORRECT ANSWER The intentional or reckless application of physical force to
another person
Questions and CORRECT Answers
Bernstein of Leigh (Baron) v Skyviews & General Ltd [1978] QB 479 - CORRECT
ANSWER D was a business which used aircraft to take aerial photographs of people's homes
without their permission. D then offered to sell those photographs to the homeowners. Liable to
the homeowners in the tort of trespass to land? Held: rights of an owner to the airspace above
their property are restricted to such height as is necessary for the ordinary use and enjoyment of
their land.
Adams v Ursell [1913] 1 Ch 269 - CORRECT ANSWER A fish and chip shop was
responsible for the smell of deep fried food in a residential street. Neighbour claimed the tort of
nuisance to have it closed down. Held: the interests of ordinary residents trumped those of the
owner of the business and its customers.
Nettleship v Weston [1971] 2 QB 691 - CORRECT ANSWER A learner driver crashed into a
lamp post injuring the only passenger, a family friend, who was teaching her to drive. The
passenger had control of the gearstick and handbrake and the learner driver was steering the car.
Passenger sued the learner driver in the tort of negligence. For reasons of consistence and clarity
all road users must adhere to the same standard of care irrespective of driving experience, so
learner driving found liable in the tort of negligence. Policy consideration: insurance is
compulsory for all motorist, so compensation is available for the passenger.
M'Alister (or Donoghue) v Stevenson [1932] AC 562 (HL) - CORRECT ANSWER the
concept of a duty of care was expanded in a way which addressed the development of (then)
modern packaging and distribution methods for consumer goods. Before that the courts had not
recognised that a duty to take reasonable care in the manufacturing of products could extend
beyond contractual relationships.
slander - CORRECT ANSWER There is a need to prove damage; the protected interest is that
of reputation; and the wrongdoing consists of spoken words or gestures which are defamatory
(i.e. untrue and with the effect of lowering the reputation of the victim)
Product liability under the Consumer Protection Act 1987 - CORRECT ANSWER This is a
statutory tort; there is a need to prove damage; the protected interests are personal (death and
,personal injury) and property (damage to property); the liability is strict and the wrongdoing
concerns a defective product.
assault - CORRECT ANSWER There is no need to prove damage; the wrongdoing causes
someone to be put in fear of immediate physical harm (actual physical harm is a different tort);
and the protected interest is that of bodily integrity.
Action for harassment under the Protection from Harassment Act 1997. - CORRECT
ANSWER This is a statutory tort; there is no need to prove damage; and the standard of
liability is constructive knowledge of harassment.
the traditional 'legal formulae' approach, - CORRECT ANSWER the requirements of different
torts are applied to case facts.
'correlative analysis' - CORRECT ANSWER Peter Cane: the relationship between the victim
of the tortious conduct and the perpetrator or injurer: aim is to understand and explain the law of
tort as a system of ethical principles of personal responsibility or, in other words, a system of
precepts about how people may, ought and ought not to behave in their dealings with others.
Strict liability torts - CORRECT ANSWER Do not require a claimant to prove a tortfeasor
was at fault. Strict liability is a concept rooted in the notion that the general public benefits when
liability is imposed on those who engaged in certain activities that result in harm to another
party, even if the activities were undertaken in the most careful manner possible (without
negligence). Examples: the action in Rylands v Fletcher, publication of private information and
images, product liability under the Consumer Protection Act 1987, breach of statutory duty,
conversion.
Rylands v Fletcher (1868) LR 3 HL 330 - CORRECT ANSWER Person who, for own
purposes, brings onto land/collects and keeps there, anything likely to do mischief if it escapes,
keeps it at his peril and is answerable for all damages arising i.e. natural consequences of its
escape
tortfeasor - CORRECT ANSWER One who commits a tort, the legal or natural person whose
wrongdoing has caused the tort and when an action is brought, is often the defendant.
, vicariously liable - CORRECT ANSWER A principal is legally responsible for the actions of
his or her agent if the agent is acting within the scope of his or her employment- that is, doing
what the principal has directed the agent to do. Employers are held liable for the tortious acts of
their employees or agents and insurance companies are held liable for the tortious acts of those
they insure (s4 Third Parties (Rights against Insurers) Act 1930 or 2010).
defendant, (Scotland) defender - CORRECT ANSWER an individual or group being sued or
charged with a crime
plaintiff (before 1999), claimant, pursuer (Scotland) - CORRECT ANSWER A person or
party filing a lawsuit
tort, delict (Scotland) - CORRECT ANSWER A civil wrong / wrongful act or an infringement
of a right (other than under contract) that unfairly causes someone else to suffer loss or harm
resulting in legal liability for the person who commits the tortious act, called a tortfeasor.
Judicature Acts of 1873 and 1875 - CORRECT ANSWER writ of trespass and writ of trespass
on the case abolished
Reynolds v Clarke (1725) 1 Str 634 - CORRECT ANSWER sets out the distinction between a
wrong caused by a direct and forcible action (trespass) and a wrong caused as a consequence of
an action (trespass on the case)
tortious liability - CORRECT ANSWER arises from the breach of a duty primarily fixed by
law; this duty is towards persons generally and its breach is redressible by an action for
unliquidated damages.
Assault - CORRECT ANSWER An intentional or reckless act that causes someone to be put
in fear of immediate physical harm. Actual physical contact is not necessary
battery - CORRECT ANSWER The intentional or reckless application of physical force to
another person
