TORT LAW

REVISION
2019
REASONABLE ANSWER

Identify the claims

Explain the principles of the tort

Mention relevant cases as authority for the principles

A GOOD ANSWER

Identify the more contentious elements in the claims and

spend more time on these (Relevance)

Apply the law to the specific facts of the question

(Application)

Compare and distinguish the facts of cases with the facts

in the question (Effective use of case law)
RELEVANCE

Which elements of the tort should more time be spent on?

Where the application of the relevant principle/test does

not provide a clear answer

Where the law is unclear or policy concerns apply

Where there have been recent cases and/or developments

in the law
RELEVANCE

Where the application of the relevant principle/test

does not provide a clear answer

Loss
Duty of Care
Breach
Causation
Remotness
Defences
RELEVANCE

Where the law is unclear or policy concerns apply

Rescuers – danger zone and reasonable fear for safety

Chadwick v BRB; White v Chief Constable of South
Yorkshire; Defences - Baker v Hopkins.

Employees who create danger – Dooley v Cammell Laird;

Alcock v Chief Constable of South Yorkshire; Page v Smith

Policy concerns of extending liability – attending bedside

of injured relative Sion v Hampstead; North Glamorgan v
Walters; Taylor v Novo; Galli-Atkinson v Seghal
RELEVANCE

Where there have been recent developments in the law

Secondary victims – Taylor v Novo; Galli-Atkinson v Seghal

APPLICATION

Highlight the facts in the question that you think are

particularly relevant and match them to the element
of negligence

Loss
Duty
Breach
Causation
Remoteness
Defences
Effective use of case law

When should the facts of cases be discussed?

Facts of problem questions are often identical or

similar to cases

Compare and contrast the facts of cases to those in

the question

Raise questions where relevant facts in the question

are omitted or ambiguous