Tort Law Flashcards

Under the Consumer Protection Act 1987, what type of liability does a producer bear for damage caused by a defective product?

Answer: Strict liability, without the need for the claimant to prove fault or negligence

The Consumer Protection Act 1987 implements the EU Product Liability Directive and imposes strict liability on producers for defective products, meaning the claimant does not need to prove negligence.

In the tort of passing off, which classic trilogy of requirements was established in Reckitt & Colman Products Ltd v Borden Inc [1990]?

Answer: Goodwill, misrepresentation, and damage

Lord Oliver in Reckitt & Colman v Borden confirmed the classic trinity for passing off: (1) the claimant has goodwill attached to their goods/services, (2) the defendant made a misrepresentation to the public, and (3) the claimant suffered or is likely to suffer damage.

Which of the following is the correct test for establishing whether conduct amounts to public nuisance under the criminal and civil law?

Answer: An act or omission that materially affects the reasonable comfort and convenience of life of a class of Her Majesty's subjects

Public nuisance requires conduct that materially affects the reasonable comfort and convenience of a class of persons, as stated by Romer LJ in Attorney-General v PYA Quarries Ltd [1957].

When assessing damages for personal injury in tort, the court awards 'general damages' and 'special damages'. Which of the following is correctly classified as special damages?

Answer: Pre-trial quantifiable financial losses such as lost earnings and medical expenses incurred before trial

Special damages cover past, quantifiable pecuniary losses that can be precisely calculated up to the date of trial, such as loss of earnings, travel costs and medical expenses actually incurred.

Under the Employers' Liability (Compulsory Insurance) Act 1969, what obligation does an employer have?

Answer: To maintain approved insurance covering liability for bodily injury or disease sustained by employees arising out of and in the course of employment

The Employers' Liability (Compulsory Insurance) Act 1969 requires employers to take out and maintain approved insurance against liability for bodily injury or disease sustained by employees in the course of their employment.

Which principle governs an employer's vicarious liability for the torts of an employee and was clarified in Lister v Hesley Hall Ltd [2001]?

Answer: The close connection test: whether the tort was so closely connected with the employee's employment that it would be fair and just to hold the employer liable

Lister v Hesley Hall Ltd [2001] established the 'close connection' test for vicarious liability, asking whether the employee's wrongful act was so closely connected with their employment that it would be fair and just to hold the employer vicariously liable.

In the context of the tort of negligence, what does 'novus actus interveniens' mean and what is its legal effect?

Answer: A new intervening act by a third party or the claimant that breaks the chain of causation and relieves the original defendant of liability

Novus actus interveniens is a new act by a third party or the claimant that is sufficiently independent and significant to break the chain of causation between the defendant's breach and the claimant's damage, thereby relieving the defendant of liability.