Tort Law Flashcards
6 cards from real SQE1 practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Tort Law flashcards as text
Under the neighbour principle established in Donoghue v Stevenson [1932], a duty of care is owed to:
Answer: Persons so closely and directly affected by one's act that one ought reasonably to have them in contemplation
Lord Atkin's neighbour principle in Donoghue v Stevenson established that a duty of care is owed to persons so closely and directly affected by one's act that one ought reasonably to have them in contemplation when directing one's mind to the acts or omissions in question.
What three-stage test was established in Caparo Industries plc v Dickman [1990] for determining whether a duty of care exists?
Answer: Foreseeability, proximity, and whether it is fair, just, and reasonable to impose a duty
The Caparo test requires: (1) foreseeability of harm, (2) a relationship of proximity between claimant and defendant, and (3) that it is fair, just, and reasonable to impose a duty of care.
The standard of care expected of a professional in a negligence claim is assessed by reference to:
Answer: The standard of a reasonably competent professional in that field (the Bolam test)
The Bolam test (Bolam v Friern Hospital Management Committee [1957]) sets the standard as that of a reasonably competent professional in that field. A professional is not negligent if they act in accordance with a practice accepted as proper by a responsible body of professionals.
In the tort of negligence, what must a claimant prove regarding causation?
Answer: That the defendant's breach of duty was the factual and legal cause of the damage
A claimant must prove both factual causation (the 'but for' test — but for the defendant's breach, the damage would not have occurred) and legal causation (the damage was not too remote).
Under the Consumer Protection Act 1987, liability for defective products is:
Answer: Strict — no need to prove fault by the producer
The Consumer Protection Act 1987 imposes strict liability on producers of defective products. The claimant need not prove negligence, only that the product was defective and caused damage.
The defence of contributory negligence under the Law Reform (Contributory Negligence) Act 1945 results in:
Answer: A reduction in damages proportionate to the claimant's fault
Under the 1945 Act, contributory negligence is a partial defence. The court reduces the claimant's damages by a percentage that reflects their share of responsibility for the harm suffered.