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Cover Concentrate Questions and Answers Tort Law

5. Employers’ Liability and Vicarious Liability  

Dr Karen Dyer and Dr Anil Balan

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the law on employers’ liability and vicarious liability. To answer questions on this topic, students need to understand the following: tort of negligence; statutory duties, and the effect of breach of statutory duty; the Employers’ Liability (Defective Equipment) Act 1969; vicarious liability, and specifically The Catholic Child Welfare Society and others v Various Claimants and The Institute of the Brothers of the Christian Schools [2012] UKSC 56; and defences to negligence.

Chapter

Cover Concentrate Questions and Answers Tort Law

11. General Defences  

Dr Karen Dyer and Dr Anil Balan

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses general defences, covering key debates, sample questions, diagram answer plan, tips for getting extra marks, and online resources. To answer questions on this topic, students need to understand the following: the concept of negligence; the Occupier’s Liability Acts; the defence of volenti non fit injuria; the defence of contributory negligence and the Law Reform (Contributory Negligence) Act 1945; and the defence of illegality—ex turpi causa non oritur action.

Chapter

Cover Business Law Concentrate

6. Law of torts  

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Tort law is the focus of this chapter. It begins by distinguishing between contractual and tortious liability. It then discusses negligence, common defences to torts, and private nuisance. Negligence involves a breach of a duty to take care, owed in law by the defendant to the claimant, causing the claimant damage. Common defences to torts are illegality, consent, contributory negligence, and necessity. Private nuisance involves unlawful interference with another person’s enjoyment of their land/property which causes the claimant loss (and the loss/damage was reasonably foreseeable). When products cause injury/loss, rather than attempting to claim negligence, a claimant may seek protection through the Consumer Protection Act (CPA) 1987.

Book

Cover Concentrate Questions and Answers Tort Law
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Concentrate Questions and Answers Tort Law aims to provide the skills for success in exams in this area of law. It starts off by looking at negligence in terms of duty of care, breach of duty and causation and remoteness of damage. It then looks at employers’ liability and vicarious liability. It also considers product and occupiers liabilities. It examines intentional torts. It looks at the case Rylands v Fletcher. General defences and damages are also considered. Finally, it provides mix topic questions and looks at coursework assessments.

Chapter

Cover Concentrate Questions and Answers Tort Law

6. Product Liability  

Dr Karen Dyer and Dr Anil Balan

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. The chapter discusses the law on product liability. It covers key debates, sample questions, diagram answer plan, tips for getting extra marks, and online resources. To answer questions on this topic, students need to understand the following: the general principles of negligence; the meaning of strict liability; and the Consumer Protection Act 1987 and its relationship with the common law regarding consumer protection.

Chapter

Cover Tort Law Concentrate

13. Occupiers’ liability  

This chapter discusses the law on occupiers’ liability, a form of negligence liability which was governed previously by the common law and now by statute law. The key statutes are the Occupiers’ Liability Act 1957 which governs duty to lawful visitors and the Occupiers’ Liability Act 1984, regarding non-visitors, or trespassers. In determining to whom the duty is owed, it is necessary to identify the status of the entrant onto land. To determine who owes the duty as occupier, the main criterion is control of the land. Exclusion of liability and defences are included.

Book

Cover Tort Law Concentrate
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Having begun with a consideration of the meaning of tort and the context of the ‘tort system’, Tort Law Concentrate covers the key elements of negligence: duty of care, breach of duty, and causation. Economic loss and psychiatric injury are specifically discussed. The book also explains the intentional torts: trespass to the person and to land as well as the tort in Wilkinson v Downton are covered, as is product liability. The family of nuisance torts, with their importance for environmental control are included, as is the key issue of remedies. This new edition includes coverage of recent case law, such as Barclays Bank plc v Various Claimants (2020) and Lachaux v Independent Print (2019). This edition has been fully updated in light of developments in the law, including the continuing impact of the Human Rights Act 1998 and the Consumer Rights Act 2015.

Chapter

Cover Tort Law Concentrate

10. Product liability  

This chapter discusses the law on product liability. Common law product liability is based upon the law of negligence. Beginning with the narrow ratio in Donoghue v Stevenson (1932), it further developed the concept of intermediate examination in Grant v Australian Knitting Mills (1936). The relevant statute is the Consumer Protection Act 1987 (CPA 1987), passed in response to a European Union Directive. This introduces strict liability, when a defective product causes damage. The CPA 19876 establishes a hierarchy of possible defendants beginning with the producer. Defences under the CPA 1987 include the ‘development risks’ defence to protect scientific and technical innovation. If damage relates to quality or value, the only remedy will be in contract.

Chapter

Cover Concentrate Questions and Answers Tort Law

7. Occupiers’ Liability  

Dr Karen Dyer and Dr Anil Balan

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the issue of occupiers’ liability. In order to answer questions on this topic, students need to understand the following: the Occupiers’ Liability Act 1957; the Occupiers’ Liability Act 1984; the ‘control test’—how ‘occupiers’ have been identified by the courts; the difference between a ‘visitor’ and a ‘non-visitor’, and the legal differences that arise; how the courts have interpreted ‘reasonable care’; the concept of ‘breach of duty’ and ‘causation’ in negligence; excluding or restricting negligence liability under s. 65 Consumer Rights Act 2015; and general defences in tort law.

Chapter

Cover Concentrate Questions and Answers Tort Law

13. Mixed-topic Questions  

Dr Karen Dyer and Dr Anil Balan

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter presents mixed-topic questions on tort law. In order to answer them fully, students are required to blend their knowledge of the law of tort. They will be able to assess their knowledge on: the purpose of the law of tort; negligence—duty of care, breach, causation, economic loss; remedies; and vicarious liability. Each question is accompanied by a diagram answer plan and suggested answers. Tips for getting extra marks and online resources are also provided.

Chapter

Cover Criminal Law Concentrate

3. Mens rea  

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter reviews the mens rea elements of criminal offence. Mens rea means guilty mind, but the term is better thought of as the fault element of the offence. The role of mens rea is to attribute fault or blameworthiness (also called culpability) to the actus reus. The main types of mens rea are intention, recklessness, and negligence. Issues may arise when the mens rea and actus reus do not coincide in time. The doctrine of transferred malice allows mens rea to be transferred from the intended victim to the unintended victim, in certain situations.

Chapter

Cover Contract Law Concentrate

6. Exemption clauses and unfair contract terms  

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the use and enforceability of exemption clauses (total exclusion or limitation of liability clauses inserted into contracts) and their legislative regulation. Whereas the regulation of such clauses is limited to the common law and UCTA 1977 in the case of commercial contracts (B2B), in the case of consumer contracts (B2C) the law intervenes to control a broader category of terms, ‘unfair contract terms’ (Consumer Rights Act 2015) with the critical test being ‘unfairness’.

Chapter

Cover Concentrate Questions and Answers Tort Law

2. Negligence I: Duty of Care  

Dr Karen Dyer and Dr Anil Balan

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses negligence in terms of duty of care. In order to answer questions on this topic, students need to have the following: a general understanding of the tort of negligence; an understanding of the development of duty of care in negligence, in particular the key cases of Donoghue v Stevenson [1932] AC 562; Anns v Merton LBC [1978] AC 728; Caparo plc v Dickman [1990] 2 AC 605; an understanding of the development of duty of care in specialized aspects of negligence; and understanding of liability for omissions and of public authorities.