SQE1 Tort Law 2

Question 1

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

Accepted Answer

The wealth of the defendant

Answer

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.

Question 2

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

Accepted Answer

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

Answer

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.

Question 3

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

Accepted Answer

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

Answer

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.

Question 4

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

Accepted Answer

3 years from the date of injury or date of knowledge

Answer

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.

Question 5

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

Accepted Answer

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

Answer

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.

SQE1 Practice Test

SQE1 Practice Test

SQE1 Tort Law 2