©THESTAR EXAM SOLUTIONS 2024/2025
ALL RIGHTS RESERVED.
Tort law Exam Questions With Correct
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
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
1|Page
, ©THESTAR EXAM SOLUTIONS 2024/2025
ALL RIGHTS RESERVED.
• 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"
What are the protected interests? - answer✔• Personal harm
• Physical
• Reputational harm (defamation: libel/slander)
• Personal freedom
• Harm to property
2|Page
, ©THESTAR EXAM SOLUTIONS 2024/2025
ALL RIGHTS RESERVED.
• 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
• 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
3|Page
ALL RIGHTS RESERVED.
Tort law Exam Questions With Correct
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
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
1|Page
, ©THESTAR EXAM SOLUTIONS 2024/2025
ALL RIGHTS RESERVED.
• 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"
What are the protected interests? - answer✔• Personal harm
• Physical
• Reputational harm (defamation: libel/slander)
• Personal freedom
• Harm to property
2|Page
, ©THESTAR EXAM SOLUTIONS 2024/2025
ALL RIGHTS RESERVED.
• 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
• 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
3|Page
