About the Lawcards Series
Torts Lawcards Checklist
Chapter 1: Negligence
- What are the key elements of negligence?
- Under what circumstances does a duty of care exist?
- What are the rules on nervous shock/psychiatric injury?
- When can you recover for economic loss?
- When is there liability for making negligent statements?
- How is the duty of care breached?
- What is the standard of care?
- Do the same rules apply for trainees and experts?
- How do you prove a breach of duty?
- How does the ‘but for’ test apply? Is it ever modified?
- What is the significance of a novus actus interveniens?
- When is damage too remote?
- When is an employer vicariously liable for torts committed by an employee?
Chapter 2: Occupiers’ liability
- What is the scope of the 1957 and 1984 Occupiers’ Liability Acts?
- Who is an occupier?
- Who is a visitor?
- What is the standard of care?
- What are the rules for independent contractors?
- Can liability be excluded?
- Does the occupier owe a duty of care to trespassers?
- How is the duty discharged?
Chapter 3: Torts relating to land
- What are the differences between private and public nuisance?
- What factors are taken into account when calculating amenity damage?
- Are there any defences to an action for private nuisance?
- What remedies does the court have at its disposal and how have these been applied?
- What is the rule in Rylands v Fletcher?
Chapter 4: General defences
- What is the effect of a finding of contributory negligence?
- Can it ever reduce a damages award by 100 per cent?
- Is consent/volenti non fit injuria a complete defence?
- Does it matter if the claimant was involved in an illegal or immoral act?
- How does the Limitation Act 1980 limit actions?
Chapter 5: Remedies
- What is the aim of compensation in tort?
- What are the different heads of damage and when are they awarded?
- How are damages calculated in personal injury claims?
- Is the claimant under a duty to mitigate their losses?