Tort Law Flashcards

In the tort of private nuisance, which of the following factors is NOT typically considered by the court?

Answer: The wealth of the defendant

Courts consider locality, duration, frequency, and the nature of the interference when assessing private nuisance. The defendant's wealth is not a relevant factor in determining whether a nuisance exists.

Under Rylands v Fletcher [1868], strict liability applies when:

Answer: A person brings onto their land something likely to cause mischief if it escapes, and it does escape

Rylands v Fletcher established strict liability for the non-natural use of land where a person brings onto their land something likely to cause mischief if it escapes, and that thing does escape and causes damage.

An employer's vicarious liability for the torts of an employee requires that the tort was committed:

Answer: In the course of employment or in a sufficiently close connection with employment

Following the Supreme Court decisions in Mohamud v WM Morrison Supermarkets [2016] and Various Claimants v Barclays Bank [2020], vicarious liability arises when the tort is committed in the course of employment or has a sufficiently close connection to the employee's duties.

What is the limitation period for a personal injury claim in negligence under English law?

Answer: 3 years from the date of injury or date of knowledge

Under the Limitation Act 1980 (section 11), the limitation period for personal injury claims is 3 years from the date of the injury or the date of knowledge (when the claimant first knew they had a claim), whichever is later.

The 'eggshell skull rule' in tort law means that:

Answer: A defendant must take the claimant as they find them, including any pre-existing vulnerabilities

The eggshell skull rule (thin skull rule) provides that a defendant must take the claimant as they find them. If the claimant has a pre-existing vulnerability that makes the injury worse, the defendant is liable for the full extent of the damage.

In a claim for occupiers' liability, what duty is owed to a trespasser under the Occupiers' Liability Act 1984?

Answer: A duty to take reasonable care if the occupier knows or has reasonable grounds to believe the trespasser is near the danger

Under the Occupiers' Liability Act 1984, a duty is owed to trespassers if the occupier is aware of the danger (or has reasonable grounds to believe it exists), knows or has reasonable grounds to believe the trespasser is in the vicinity, and the risk is one against which the occupier may reasonably be expected to offer protection.