Tort law UPDATED ACTUAL EXAM QUESTIONS AND
CORRECT ANSWERS
Question 1.
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.
ANSWER
Bernstein of Leigh (Baron) v Skyviews & General Ltd [1978] QB 479
Question 2.
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.
ANSWER
Adams v Ursell [1913] 1 Ch 269
,Question 3.
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.
ANSWER
Nettleship v Weston [1971] 2 QB 691
Question 4.
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.
ANSWER
M'Alister (or Donoghue) v Stevenson [1932] AC 562 (HL)
,Question 5.
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)
ANSWER
slander
Question 6.
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.
ANSWER
Product liability under the Consumer Protection Act 1987
Question 7.
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.
, ANSWER
assault
Question 8.
This is a statutory tort; there is no need to prove damage; and the standard of liability is constructive
knowledge of harassment.
ANSWER
Action for harassment under the Protection from Harassment Act 1997.
Question 9.
the requirements of different torts are applied to case facts.
CORRECT ANSWERS
Question 1.
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.
ANSWER
Bernstein of Leigh (Baron) v Skyviews & General Ltd [1978] QB 479
Question 2.
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.
ANSWER
Adams v Ursell [1913] 1 Ch 269
,Question 3.
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.
ANSWER
Nettleship v Weston [1971] 2 QB 691
Question 4.
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.
ANSWER
M'Alister (or Donoghue) v Stevenson [1932] AC 562 (HL)
,Question 5.
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)
ANSWER
slander
Question 6.
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.
ANSWER
Product liability under the Consumer Protection Act 1987
Question 7.
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.
, ANSWER
assault
Question 8.
This is a statutory tort; there is no need to prove damage; and the standard of liability is constructive
knowledge of harassment.
ANSWER
Action for harassment under the Protection from Harassment Act 1997.
Question 9.
the requirements of different torts are applied to case facts.
