Tort Law New Exam Questions And 100% Verified Detailed
Answers Latest Update (A+)
What does claimant have to do? - ANSWER • Prepare the claim and the initial evidence
• Suggest the amount of damages
• 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 is a 'tort'? Where does the term originate from? - ANSWER • A civil wrong
• French word for "wrong"
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
• 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
• 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 accident
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
What was the Donoghue v Stevenson (1932)? What has it established? - ANSWER •
Brewers of beer were held to be liable in causing injury (snail in a bottle)
• The neighbour principle - the person to whom the defendant owes a duty of care. It is
anyone who could be injured by your act/omission
What is incremental? - ANSWER Development of the law through cases
What is the Caparo v Dickman (1990) case? What has it established? - ANSWER
Economic loss = injury/damage
What is a three-part (Caparo test)? Give case examples. - ANSWER 1) An update of the
neighbour principle
2) • Harm is reasonably foreseeable (Kent v Griffiths 2000 - the ambulance could foresee
that the claimant could have been injured if they arrive late)
• Proximity of relationship Bourhill v Young 1943 - the dead motorcyclist owed no duty of
care to the claimant who suffered trauma+stillborn as a result of seeing the motorcyclist
dead in the accident
• Fair, just and reasonable to impose a duty Hill v Chief Constable of West Yorkshire
1990: the police don't owe a duty of care to the general public with whom they had no
previous dealing no way of knowing who the victim might be worse policing if claim is
successful
Answers Latest Update (A+)
What does claimant have to do? - ANSWER • Prepare the claim and the initial evidence
• Suggest the amount of damages
• 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 is a 'tort'? Where does the term originate from? - ANSWER • A civil wrong
• French word for "wrong"
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
• 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
• 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 accident
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
What was the Donoghue v Stevenson (1932)? What has it established? - ANSWER •
Brewers of beer were held to be liable in causing injury (snail in a bottle)
• The neighbour principle - the person to whom the defendant owes a duty of care. It is
anyone who could be injured by your act/omission
What is incremental? - ANSWER Development of the law through cases
What is the Caparo v Dickman (1990) case? What has it established? - ANSWER
Economic loss = injury/damage
What is a three-part (Caparo test)? Give case examples. - ANSWER 1) An update of the
neighbour principle
2) • Harm is reasonably foreseeable (Kent v Griffiths 2000 - the ambulance could foresee
that the claimant could have been injured if they arrive late)
• Proximity of relationship Bourhill v Young 1943 - the dead motorcyclist owed no duty of
care to the claimant who suffered trauma+stillborn as a result of seeing the motorcyclist
dead in the accident
• Fair, just and reasonable to impose a duty Hill v Chief Constable of West Yorkshire
1990: the police don't owe a duty of care to the general public with whom they had no
previous dealing no way of knowing who the victim might be worse policing if claim is
successful
