TORT LAW – COMPLETE HYBRID STUDY GUIDE
1. Introduction to Tort Law
Summary:
Tort law governs civil wrongs between individuals where harm has been caused without a contract or
crime. Its purpose is to compensate victims and deter harmful behavior. Core principles include duty
of care, breach, causation, and remedy. Common torts: negligence, trespass, nuisance, defamation.
Q&A:
1. What is tort law? ➤ Civil law dealing with wrongful acts causing harm.
2. Difference between tort and crime? ➤ Tort = civil wrong; Crime = public wrong.
3. Common torts? ➤ Negligence, defamation, trespass, nuisance.
4. Key purpose? ➤ Compensation and deterrence.
5. Burden of proof? ➤ Balance of probabilities.
6. Standard remedy? ➤ Damages.
7. Can one act be both tort and crime? ➤ Yes (e.g., assault).
8. What’s the claimant’s burden? ➤ Prove duty, breach, causation, damage.
9. Is intention needed for tort? ➤ Not usually (except in intentional torts).
10. Role of precedent? ➤ Tort law is largely case-law based.
2. Negligence
Summary:
Negligence arises when someone breaches a duty of care causing harm. The three-part test includes:
duty of care (Caparo test), breach (standard of care), and causation (factual + legal). Key cases:
Donoghue v Stevenson, Caparo v Dickman.
Q&A:
1. Define negligence ➤ Failure to take reasonable care causing harm.
2. Duty of care case? ➤ Donoghue v Stevenson (1932)
3. Caparo test? ➤ Foreseeability, proximity, fair/just/reasonable.
4. Breach of duty? ➤ Failure to meet the standard of a reasonable person.
, 5. Breach case? ➤ Blyth v Birmingham Waterworks
6. Factual causation? ➤ “But for” test – Barnett v Chelsea Hospital
7. Legal causation? ➤ Reasonable foreseeability – Wagon Mound
8. Thin skull rule? ➤ Take your victim as you find them – Smith v Leech Brain
9. Professional standard? ➤ Bolam test
10. Defences? ➤ Consent (volenti), contributory negligence.
3. Occupiers’ Liability
Summary:
Occupiers have duties to people entering premises.
• 1957 Act: Lawful visitors – reasonable care for safety
• 1984 Act: Trespassers – duty to prevent injury if risks are known
Key cases: BRB v Herrington, Glasgow Corp v Taylor.
Q&A:
1. Who is an occupier? ➤ Someone in control of premises.
2. Law for lawful visitors? ➤ Occupiers' Liability Act 1957.
3. Law for trespassers? ➤ Occupiers' Liability Act 1984.
4. Case for trespassers? ➤ BRB v Herrington
5. Duty to children? ➤ Higher standard – Glasgow Corp v Taylor
6. Contractors’ work? ➤ Check competence – Haseldine v Daw
7. Allurement principle? ➤ Protect children from dangers.
8. Warning signs? ➤ Must be clear – Roles v Nathan
9. Trespasser defence? ➤ Consent or warning signs.
10. Remedies? ➤ Damages or injunction.
4. Nuisance + Rylands v Fletcher
Summary:
Nuisance = unreasonable interference with enjoyment of land.
• Private nuisance: Between neighbors
• Public nuisance: Community-wide disruption
1. Introduction to Tort Law
Summary:
Tort law governs civil wrongs between individuals where harm has been caused without a contract or
crime. Its purpose is to compensate victims and deter harmful behavior. Core principles include duty
of care, breach, causation, and remedy. Common torts: negligence, trespass, nuisance, defamation.
Q&A:
1. What is tort law? ➤ Civil law dealing with wrongful acts causing harm.
2. Difference between tort and crime? ➤ Tort = civil wrong; Crime = public wrong.
3. Common torts? ➤ Negligence, defamation, trespass, nuisance.
4. Key purpose? ➤ Compensation and deterrence.
5. Burden of proof? ➤ Balance of probabilities.
6. Standard remedy? ➤ Damages.
7. Can one act be both tort and crime? ➤ Yes (e.g., assault).
8. What’s the claimant’s burden? ➤ Prove duty, breach, causation, damage.
9. Is intention needed for tort? ➤ Not usually (except in intentional torts).
10. Role of precedent? ➤ Tort law is largely case-law based.
2. Negligence
Summary:
Negligence arises when someone breaches a duty of care causing harm. The three-part test includes:
duty of care (Caparo test), breach (standard of care), and causation (factual + legal). Key cases:
Donoghue v Stevenson, Caparo v Dickman.
Q&A:
1. Define negligence ➤ Failure to take reasonable care causing harm.
2. Duty of care case? ➤ Donoghue v Stevenson (1932)
3. Caparo test? ➤ Foreseeability, proximity, fair/just/reasonable.
4. Breach of duty? ➤ Failure to meet the standard of a reasonable person.
, 5. Breach case? ➤ Blyth v Birmingham Waterworks
6. Factual causation? ➤ “But for” test – Barnett v Chelsea Hospital
7. Legal causation? ➤ Reasonable foreseeability – Wagon Mound
8. Thin skull rule? ➤ Take your victim as you find them – Smith v Leech Brain
9. Professional standard? ➤ Bolam test
10. Defences? ➤ Consent (volenti), contributory negligence.
3. Occupiers’ Liability
Summary:
Occupiers have duties to people entering premises.
• 1957 Act: Lawful visitors – reasonable care for safety
• 1984 Act: Trespassers – duty to prevent injury if risks are known
Key cases: BRB v Herrington, Glasgow Corp v Taylor.
Q&A:
1. Who is an occupier? ➤ Someone in control of premises.
2. Law for lawful visitors? ➤ Occupiers' Liability Act 1957.
3. Law for trespassers? ➤ Occupiers' Liability Act 1984.
4. Case for trespassers? ➤ BRB v Herrington
5. Duty to children? ➤ Higher standard – Glasgow Corp v Taylor
6. Contractors’ work? ➤ Check competence – Haseldine v Daw
7. Allurement principle? ➤ Protect children from dangers.
8. Warning signs? ➤ Must be clear – Roles v Nathan
9. Trespasser defence? ➤ Consent or warning signs.
10. Remedies? ➤ Damages or injunction.
4. Nuisance + Rylands v Fletcher
Summary:
Nuisance = unreasonable interference with enjoyment of land.
• Private nuisance: Between neighbors
• Public nuisance: Community-wide disruption
