Tort law Exam 2025 Questions and
Answers
Bernstein of Leigh (Baron) v Skyviews & General Ltd [1978] QB 479 - --
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 - --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 - --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
....COPYRIGHT ©️ 2025 ALL RIGHTS RESERVED...TRUSTED & VERIFIED 1
,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) - --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 - --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 - --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 - --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.
....COPYRIGHT ©️ 2025 ALL RIGHTS RESERVED...TRUSTED & VERIFIED 2
,Action for harassment under the Protection from Harassment Act 1997. - --
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, - --Answer --the requirements of
different torts are applied to case facts.
'correlative analysis' - --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 - --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.
....COPYRIGHT ©️ 2025 ALL RIGHTS RESERVED...TRUSTED & VERIFIED 3
, Rylands v Fletcher (1868) LR 3 HL 330 - --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 - --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 - --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 - --Answer --an individual or group being
sued or charged with a crime
plaintiff (before 1999), claimant, pursuer (Scotland) - --Answer --A person
or party filing a lawsuit
tort, delict (Scotland) - --Answer --A civil wrong / wrongful act or an
infringement of a right (other than under contract) that unfairly causes someone
....COPYRIGHT ©️ 2025 ALL RIGHTS RESERVED...TRUSTED & VERIFIED 4
Answers
Bernstein of Leigh (Baron) v Skyviews & General Ltd [1978] QB 479 - --
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 - --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 - --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
....COPYRIGHT ©️ 2025 ALL RIGHTS RESERVED...TRUSTED & VERIFIED 1
,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) - --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 - --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 - --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 - --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.
....COPYRIGHT ©️ 2025 ALL RIGHTS RESERVED...TRUSTED & VERIFIED 2
,Action for harassment under the Protection from Harassment Act 1997. - --
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, - --Answer --the requirements of
different torts are applied to case facts.
'correlative analysis' - --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 - --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.
....COPYRIGHT ©️ 2025 ALL RIGHTS RESERVED...TRUSTED & VERIFIED 3
, Rylands v Fletcher (1868) LR 3 HL 330 - --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 - --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 - --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 - --Answer --an individual or group being
sued or charged with a crime
plaintiff (before 1999), claimant, pursuer (Scotland) - --Answer --A person
or party filing a lawsuit
tort, delict (Scotland) - --Answer --A civil wrong / wrongful act or an
infringement of a right (other than under contract) that unfairly causes someone
....COPYRIGHT ©️ 2025 ALL RIGHTS RESERVED...TRUSTED & VERIFIED 4
