Tort Law Flashcards

In negligence, which of the following correctly states the three-part test established in Caparo Industries plc v Dickman [1990]?

Answer: Foreseeability of damage, proximity between the parties, and it is fair, just and reasonable to impose a duty

The Caparo three-part test requires: (1) the damage was foreseeable, (2) there was proximity between claimant and defendant, and (3) it is fair, just and reasonable to impose a duty of care.

A defendant owes a claimant a duty of care. The claimant suffers a broken leg after the defendant's negligent driving. Which 'but for' test formulation from Barnett v Chelsea & Kensington Hospital [1969] best describes causation?

Answer: The damage would not have occurred but for the defendant's breach of duty

The 'but for' test asks whether the damage would not have occurred but for the defendant's breach; if the claimant would have suffered the same harm anyway, causation is not established.

Which case established that an employer owes a non-delegable duty of care to employees that cannot be discharged by entrusting safety to an independent contractor?

Answer: Wilsons & Clyde Coal Co v English [1938]

Wilsons & Clyde Coal Co v English established that an employer's duty to provide safe premises, equipment, a safe system of work, and competent fellow employees is non-delegable.

Under the Occupiers' Liability Act 1957, what standard of care does an occupier owe to lawful visitors?

Answer: The common duty of care: to take such care as is reasonable in the circumstances to keep visitors safe

The Occupiers' Liability Act 1957 s.2(2) imposes a 'common duty of care' requiring the occupier to take such care as is reasonable in the circumstances to keep the visitor reasonably safe.

In the tort of private nuisance, which element must the claimant establish regarding their interest in land?

Answer: The claimant must have a proprietary or exclusive possessory interest in the affected land

Following Hunter v Canary Wharf Ltd [1997], only those with a proprietary or exclusive possessory interest in the land (e.g., owner or tenant) can sue in private nuisance.

Which principle from Rylands v Fletcher (1868) imposes strict liability on a defendant?

Answer: A person who brings onto land something likely to do mischief if it escapes must keep it at their peril

Rylands v Fletcher imposes strict liability where a defendant brings onto land something likely to do mischief if it escapes, and it does escape causing damage; non-natural use of land is also required.

The defence of volenti non fit injuria (consent) in tort requires which of the following?

Answer: The claimant must have voluntarily agreed to accept both the physical and legal risk of the defendant's negligence

Volenti requires that the claimant freely and voluntarily agreed to accept the legal risk (not just the physical risk) of injury, as confirmed in ICI v Shatwell [1965].