Tort Law

Question 1

What are the 4 Alcock tests? (secondary victims)

Answer 1

• was the person close to the primary victim
• did they witness traumatic event with their own unaided senses
• were they proximate to the event or it’s immediate aftermath

Question 2

define secondary victim

Answer 2

someone not in the zone of the physical damage, but witness to traumatic events

Question 3

define primary victim

Answer 3

someone in the zone of physical injury

Question 4

define psychiatric injury

Answer 4

a long-term, diagnosed mental injury that is greater than shock or grief

Question 5

where did the definition of secondary victims come from

Answer 5

Alcock (hillsborough disaster)

Question 6

define consent in the context of tort

Answer 6

voluntary agreement by the claimant, in full knowledge of the circumstances

Question 7

2 stages of contributory negligence

Answer 7

1) claimant failed to take proper care

2) this failure contributes to damage suffered

Question 8

define vicarious liability

Answer 8

a third person has legal responsibility for the unlawful actions of another

Question 9

5 requirements for Rylands v Fletcher

Answer 9

• accumulation on Ds land
• likely to do damage if it escapes
• it escapes
• non-natural use of the land
• damage must not be too remote

Question 10

define Rylands v Fletcher

Answer 10

where the escape of a non-naturally stored material onto nearby land damages or destroys that property

Question 11

what is the case about remoteness of damage for private nuisance

Answer 11

wagon mound case

Question 12

why are there less defences for civil law than there are for criminal

Answer 12

the consequence of being guilty in civil law is a lot less severe than criminal law

Question 13

4 stages for establishing a special relationship (negligent misstatement)

Answer 13

• D possesses some knowledge of topic
• D knows C will use advice
• claimant relies on advice and loses money
• reasonable for C to rely on advice

Question 14

what are the 4 factors affecting whether the D acted reasonably (OLA)

Answer 14

• degreee of risk
• cost of precautions
• potential seriousness of injury
• importance of actions

Question 15

what are the 4 standards of care

Answer 15

• reasonable man
• young person
• learner
• professional

Question 16

what is the difference between Bourhill v Young and McLoughlin v O’Brian

Answer 16

in MvB, the C had no choice, whereas in BvY, the C put herself in that position

Question 17

what did Kent v Griffiths show?

Answer 17

reasonably forseeable damage

Question 18

what is the Caparo v Dickman 3 stage test?

Answer 18

• Is it reasonably forseeable damage?
• proximity between 2 parties
• fair, just and reasonable to establish a DOC

Question 19

what did donaghue v stevenson give us?

Answer 19

the neighbour principle

Question 20

can a temporary activity amount to a private nuisance?

Answer 20

yes

Question 21

4 factors influencing unlawful influence in the context of nuisance

Answer 21

• locality
• duration
• sensitivity
• malice

Question 22

define private nuisance

Answer 22

protecting the rights of the occupier against “unreasonable interference with the enjoyment or use of his land”

Question 23

define tresspassers?

Answer 23

persons on the occupier’s land who have no permission or authority to be there

Question 24

who does the 1984 OLA protect?

Answer 24

unlawful visitors

Question 25

is the occupier liable if the contractor causes a risk

Answer 25

no

Question 26

what do warning signs allow for occupiers?

Answer 26

chance to discharge liability

Question 27

define lawful visitors

Answer 27

visitors who have been invited or licensed to enter, or have statutory authority to enter, or those who have contractual permission

Question 28

who does the 1957 OLA protect?

Answer 28

lawful visitors

Question 29

what are the 2 Occupier’s Liability Acts?

Answer 29

1957 and 1984

Question 30

what is the purpose of damages

Answer 30

to put the claimant in the position they were in before the tort

Question 31

what are the 2 ways damages are paid

Answer 31

lump sum or structured settlements

Question 32

what is the standard of proof in civil?

Answer 32

balance of probabilities

Question 33

who is the burden of proof on in civil law?

Answer 33

the defendant, to prove it didnt happen

Question 34

what is the case for forseeability in DOC?

Answer 34

Kent v Griffiths

Question 35

What happened in Kent v Griffiths

Answer 35

Ambulance arrived late

Question 36

What are the 2 cases for Proximity when establishing a DOC

Answer 36

Bourhill v Young

McLoughlin v O’Brian

Question 37

which case defines whether it is fair, just and reasonable to establish a DOC?

Answer 37

Hills v CC of west Yorkshire