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.
Chapter
6. Law of torts
Chapter
1. Exam Skills for Success in Tort Law
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 ways to achieve a good grade for a law exam. The basis for a good grade in tort law is a detailed understanding of the law of tort and developing a systematic approach to using one’s knowledge of law to answer examination questions. The preparations for success include attending all lectures and seminars/tutorials; reviewing previous exam papers; start revising early; and being aware of the date, time, and venue of the exam.
Chapter
14. Skills for Success in Coursework Assessments
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 how students can structure their answers to coursework questions, and exposes common errors that students make when undertaking coursework. The starting point for obtaining a good grade in an exam is to answer the question set. It is even more important to do so for coursework questions, as students are usually given plenty of time to plan and prepare their answers, and to ask for additional support if needed. Whether answering a problem question or an essay question, students are required to produce a convincing argument using ‘evidence’ from case law, statutory provisions, and academic literature.
Chapter
12. Damages
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 damages, 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 primary purpose behind an award of damages; the different types of damages; the three principal types of damage for which a remedy may be available: personal injury (death and psychiatric harm included), property damage, economic loss; and how to calculate an award (in principle).
Chapter
1. Tort and the tort system
General overview
Tort is the area of civil law which provides a remedy for a party who has suffered the breach of a protected interest. Different torts deal with different types of harm or wrongful conduct and the ‘ingredients’ for each of these torts are different; each with its own particular characteristics. This chapter discusses the types of loss or harm covered; competing interests; remedies; comparison of tort with contract law, criminal law, and human rights law; the aims of the law of tort (compensation and deterrence); and alternative routes to compensation. The influence of insurance and of the Compensation Act 2006 is included.
Chapter
10. Defamation and Privacy
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. To answer questions on defamation, students need to understand the following: categories of defamation: libel and slander; what constitutes a defamatory statement: innuendo; defences to defamation: absolute privilege and qualified privilege; the Defamation Act 2013; and offer of amends, Defamation Act 1996 sections 2–4. To answer questions on privacy, students need to understand the following: the nature of privacy; the overlap between the torts of misuse of private information, and other causes of action; trespass; negligence; the Human Rights Act 1998; and the Protection from Harassment Act 1997.
Chapter
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
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.
