chapter 2

Question 1

What is the main difference between a tort and a crime?

Answer 1

A: A tort is a civil wrong aiming to compensate the victim; a crime is a public wrong aiming to punish the offender.

Question 2

Can the same act be both a tort and a crime?

Answer 2

A: Yes – e.g., assault, theft, negligent driving.

Question 2

Who brings a tort case vs. a criminal case?

Answer 2

A: Tort: the victim (claimant); Crime: usually the state (Crown Prosecution Service).

Question 3

What is the key remedy in tort law?

Answer 3

A: Damages (financial compensation).

Question 4

What does ‘unliquidated damages’ mean?

Answer 4

A: Damages not fixed in advance – decided by the court based on harm done.

Question 5

What is an intentional tort?

Answer 5

A: A tort where the defendant meant to do the act (e.g., trespass, deceit).

Question 6

What is strict liability?

Answer 6

A: The defendant is liable even without intent or negligence (e.g., dangerous activities).

Question 7

What does ‘actionable per se’ mean?

Answer 7

A: A tort that does not require proof of damage (e.g., trespass).

Question 8

How is tort different from breach of contract?

Answer 8

A: Tort = duty imposed by law; Contract = duty agreed by the parties.

Question 9

What are the three elements of trespass?

Answer 9

A: Direct act, intentional act, actionable per se (no need to prove damage).

Question 10

What are the three types of trespass to the person?

Answer 10

A: Assault, Battery, False Imprisonment.

Question 11

What is the difference between assault and battery?

Answer 11

A: Assault is the threat of violence; battery is actual physical contact.

the act of making someone believe they’re about to be harmed—like raising a fist or making a threatening gesture—can be considered assault

Question 12

What is trespass to goods?

Answer 12

A: Intentional interference with someone’s personal property.

Question 13

What is conversion in tort law?

Answer 13

A: Treating someone else’s property as your own, e.g., selling or keeping it.

Question 14

What are the three types of trespass to land?

Answer 14

A: Unlawful entry, refusal to leave, placing/throwing things on land.

Question 15

Why is trespass usually not covered by insurance?

Answer 15

A: Because it is deliberate, and insurance only covers accidental (fortuitous) events.

Question 16

What are the three essential elements of negligence?

Answer 16

A: Duty of care, breach of duty, and damage caused.

Question 17

What is the ‘neighbour principle’?

Answer 17

A: You must take reasonable care to avoid acts that could foreseeably harm others near you.

Question 18

What is a breach of duty?

Answer 18

A: When a person fails to act as a reasonable person would in the circumstances.

Question 19

What standard is used to judge breach of duty?

Answer 19

A: An objective standard – the same for everyone, regardless of experience.

Question 20

How are professionals judged in negligence cases?

Answer 20

A: By the standards of their profession (e.g., a doctor by medical standards).

Question 21

What is ‘remoteness of damage’?

Answer 21

A: A legal limit on liability; only damage that is reasonably foreseeable is recoverable.

Question 22

What does the ‘thin skull’ rule mean?

Answer 22

A: A defendant is fully liable even if the claimant’s injury is worse due to a hidden condition.

Question 23

What is a ‘novus actus interveniens’?

Answer 23

A: A new, intervening event that breaks the chain of causation.

Question 24

When is negligent advice actionable in tort?

Answer 24

A: When there is a special relationship, foreseeable reliance, and actual loss.

Question 25

What must a claimant show to succeed in a psychiatric illness claim?

Answer 25

A: A recognisable psychiatric illness and foreseeability of harm.

Question 26

What must secondary victims prove?

Answer 26

A: Close tie to victim, close in time/space, and saw event directly.

Question 27

What is the difference between public and private nuisance?

Answer 27

A: Public affects the public; private affects individual use/enjoyment of land.

Question 28

When can a person sue for public nuisance?

Answer 28

A: If they suffer ‘special damage’ beyond what the general public suffers.

Question 29

Can personal injury be claimed under private nuisance?

Answer 29

A: No – only under public nuisance or negligence.

Question 30

What does “unreasonable” mean in private nuisance?

Answer 30

A: More than minor annoyance; must disrupt land use.

Question 31

What defines a primary victim in nervous shock?

Answer 31

A person who fears for their own safety in an accident caused by negligence.

Question 32

Can a person claim damages under any breached statute?

Answer 32

No, they must prove the statute intended a civil remedy.

Question 33

What is vicarious liability?

Answer 33

When an employer is held liable for torts committed by an employee during employment.

Question 34

What duty does the Occupiers’ Liability Act 1957 impose?

Answer 34

A: A common duty of care to all lawful visitors to ensure they are reasonably safe.

Question 35

Who is usually liable for dangerous premises – owner or occupier?

Answer 35

A: The occupier.

Question 36

What is strict liability in product law?

Answer 36

A: Liability without fault, under the Consumer Protection Act 1987.

Question 37

What is the ‘state of the art’ defence?

Answer 37

A: No liability if the defect couldn’t be known using available scientific knowledge.

Question 38

What is libel?

Answer 38

A: Defamation in a permanent form (e.g. writing, online).

Question 39

Name two situations where slander is actionable without proof of damage.

Answer 39

A: 1) Accusing someone of a crime punishable by prison, 2) Saying someone is unfit for their profession.

Question 40

What are three defences to defamation?

Answer 40

A: Truth, honest opinion, public interest.

Question 41

What does volenti non fit injuria mean?

Answer 41

A: ‘To a willing person, no injury is done’ – claimant accepted the risk.

Question 42

When does the defence of consent apply?

Answer 42

A: When the claimant agreed to the act (e.g. in sports, medical treatment).

Question 43

What’s the main difference between libel and slander?

Answer 43

A: Libel is written/permanent; slander is spoken/transient.

Question 44

What is the limitation period for libel and slander?

Answer 44

A: 1 year.

Question 45

When does time start for latent injuries?

Answer 45

A: From when the claimant knows they are injured and why.

Question 46

What are special damages?

Answer 46

A: Financial losses that must be specifically proven (e.g. lost wages).

Question 47

What are general damages?

Answer 47

A: Non-financial losses (e.g. pain and suffering).

Question 48

What are exemplary damages?

Answer 48

A: Damages awarded to punish the defendant (rare in the UK).

Question 49

When are nominal damages awarded?

Answer 49

A: When there’s no actual loss but a tort occurred.

Question 50

What is an injunction?

Answer 50

A: A court order to do or stop doing something.