Chapter 27 Evaluation

Question 1

What are the three aims of tort law?

Answer 1

• Compensate those who have suffered harm
• Deter behaviour likely to cause harm
• Balance interests and restore claimants to their prior position

These aims guide the evaluation of tort law effectiveness.

Question 2

The duty of care establishes what?

Answer 2

The range of persons, relationships, and interests legally protected from negligently inflicted harm

It filters negligence claims before considering breach, causation, and damages.

Question 3

True or false: The law imposes a duty to act to prevent foreseeable harm.

Answer 3

FALSE

A duty exists only when a person has assumed responsibility or created a risk of harm.

Question 4

What is the three-stage test used for?

Answer 4

To decide whether a duty of care exists in negligence claims

Criticisms include lack of clarity and difficulties in application.

Question 5

What did the case Robinson v Chief Constable of West Yorkshire (2018) clarify?

Answer 5

The Caparo three-stage test is not required in every claim, only in novel situations

Precedents can be applied directly where a duty has been previously established.

Question 6

What factors determine whether a breach of duty was reasonable?

Answer 6

• Defendant’s characteristics
• Claimant’s vulnerabilities
• Size of risk and practicality of eliminating it
• Common practice and knowledge at the time

These factors help assess fairness in negligence cases.

Question 7

In Nettleship v Weston, why was it deemed unfair to treat the novice driver the same as an experienced driver?

Answer 7

Because she was on her third lesson

This case highlights the need for fairness in assessing the standard of care.

Question 8

What is the ‘but for’ test used for in negligence claims?

Answer 8

To establish factual causation

It determines if the injury would have occurred but for the defendant’s breach.

Question 9

What is legal causation in negligence claims?

Answer 9

Proving that the injury was reasonably foreseeable and not too remote from the defendant’s negligence

It is the second part of establishing causation.

Question 10

What is an intervening act in negligence law?

Answer 10

An event that breaks the chain of causation between the defendant’s negligence and the claimant’s injury

It can absolve the defendant from liability.

Question 11

In Fairchild v Glenhaven (2002), what principle was established regarding multiple employers and mesothelioma claims?

Answer 11

A claimant can claim full compensation from any employer that materially increased the risk of harm

This case provided justice for claimants unable to identify the specific employer responsible.

Question 12

What is the difference between the 1957 Act and the 1984 Act regarding occupiers’ liability?

Answer 12

• 1957 Act: Claims for personal injury and property damage for lawful visitors
• 1984 Act: Limited claims for personal injury only for trespassers

The Acts reflect different approaches to occupiers’ duties.

Question 13

Under the 1957 Act, what is required of an occupier?

Answer 13

To do everything reasonable to ensure the visitor is reasonably safe

This follows the standard objective test for tort claims.

Question 14

What is the 1957 Act regarding occupiers’ liability?

Answer 14

Requires occupiers to do everything reasonable to ensure visitors are reasonably safe

This is an objective test, following standard tort claims.

Question 15

What is the 1984 Act regarding occupiers’ liability?

Answer 15

Requires occupiers to be aware of danger and know or believe that the trespasser is near it

This is a subjective test, inconsistent with most other torts.

Question 16

In Donoghue v Folkestone Properties (2003), why did the occupier owe no duty to the claimant?

Answer 16

The occupier had no knowledge of the claimant trespasser’s presence

The accident occurred at night in winter.

Question 17

What must be identified before determining an occupier’s duty under the 1984 Act?

Answer 17

The particular danger

Actual knowledge of the danger is required for the occupier to owe a duty.

Question 18

True or false: Under the 1984 Act, an occupier must check for dangers on the premises.

Answer 18

FALSE

There is no obligation on the occupier to check for dangers.

Question 19

What is the standard for an occupier’s duty to a trespasser under the 1984 Act?

Answer 19

Duty owed if the occupier may reasonably be expected to offer protection

This depends on the specific circumstances of the injured trespasser.

Question 20

What is the concept of obvious dangers in trespasser claims?

Answer 20

No duty is owed when a trespasser is injured due to an obvious danger

Example: In Ratcliff v McConnell (1999), the claimant was not owed a duty due to obvious risks.

Question 21

In Revill v Newbery (1996), why was the trespasser’s claim controversial?

Answer 21

The trespasser was granted legal aid despite committing burglary

The case raised public outcry regarding compensation for trespassers.

Question 22

What did Lord Phillips state about trespassers in Donoghue v Folkestone Properties (2003)?

Answer 22

It is rare for occupiers to be expected to protect trespassers who court danger

This reflects the judicial view on the responsibility of trespassers.

Question 23

What did McCombe LJ state in Edwards v Sutton LBC (2016) regarding obvious dangers?

Answer 23

An occupier is not required to warn against obvious dangers

Users of the bridge should appreciate the need to take care.

Question 24

What is the general public opinion regarding claims by trespassers?

Answer 24

Less support for allowing claims by those who should not be on premises

This reflects a societal view on personal responsibility.

Question 25

What is the aim of tort law regarding compensation?

Answer 25

To compensate a person injured by the tort of another ## Footnote This aim is often met through public liability insurance.

Question 26

What is **vicarious liability**?

Answer 26

Liability imposed on an employer for the actions of an employee ## Footnote It provides victims with a more practical remedy for compensation.

Question 27

In which cases was vicarious liability justified despite employer prohibition?

Answer 27

* Limpus v London General (1862) * Rose v Plenty (1976) ## Footnote These cases highlight the principle of employer liability for employee actions.

Question 28

What is a potential disadvantage of vicarious liability for employers?

Answer 28

Employers may be liable even if they took steps to prevent employee negligence ## Footnote This can seem unfair when actions occur outside the workplace.

Question 29

What is the **close connection** test in vicarious liability?

Answer 29

Determines if an employer is liable for an employee's actions closely connected to their employment ## Footnote This has been applied in cases like **Lister v Hesley Hall (2001)**.

Question 30

What did the House of Lords decide in **Dubai Aluminium Company Limited v Salaam (2002)**?

Answer 30

Firms can be held liable for dishonest acts of partners if closely connected to business ## Footnote This expanded the scope of vicarious liability.

Question 31

What is the **Civil Liability (Contribution) Act 1978**?

Answer 31

Allows employers to recover compensation paid from employees ## Footnote This serves as a potential deterrent against employee wrongdoing.

Question 32

What is a challenge regarding the effectiveness of recovery under the **Civil Liability (Contribution) Act 1978**?

Answer 32

Employees may not have sufficient earnings to recover from ## Footnote This limits the practicality of pursuing claims against employees.

Question 33

What are the **aims of the law of tort**?

Answer 33

1. To provide compensation for victims of wrongful acts 2. To deter wrongful conduct 3. To uphold standards of conduct in society ## Footnote The law of tort aims to address civil wrongs and provide remedies for those harmed.

Question 34

Does the law of **negligence** achieve the aims of the law of tort?

Answer 34

Yes, but with limitations ## Footnote The law of negligence establishes a duty of care, but may not always meet the aims due to complexities in proving breach and causation.

Question 35

Does the law of **occupiers’ liability** to lawful visitors achieve the aims of tort law?

Answer 35

Yes, it imposes an objective test for safety ## Footnote The 1957 Act requires occupiers to ensure visitors are reasonably safe, aligning with tort law aims.

Question 36

Does the law of **occupiers’ liability** to trespassers achieve the aims of the law of tort?

Answer 36

No, it is harder to claim under the 1984 Act ## Footnote The 1984 Act uses a subjective test, making it more difficult for trespassers to claim compensation.

Question 37

Does the imposition of **vicarious liability** achieve the aims of tort law?

Answer 37

Yes, it ensures victims can receive compensation ## Footnote Vicarious liability holds employers accountable for their employees' actions, promoting care in hiring and training.

Question 38

What is the **duty of care** in negligence?

Answer 38

A legal relationship establishing responsibility between parties ## Footnote It requires individuals to act in a way that does not cause harm to others.

Question 39

What does **breach of duty** require in negligence cases?

Answer 39

Objective consideration of various factors ## Footnote This may lead to unfair outcomes for certain defendants.

Question 40

What is the **factual causation test** in negligence?

Answer 40

Determines if the defendant's actions caused the harm ## Footnote It can be complicated in cases with multiple defendants.

Question 41

What is the **remoteness of damage** in tort law?

Answer 41

Limits liability to damages that are closely connected to the breach ## Footnote Judges may find policy reasons to overcome unfairness in these cases.

Question 42

What does the **1957 Act** impose regarding occupiers' liability?

Answer 42

An objective test for occupiers to ensure visitor safety ## Footnote This aligns with the approach of other torts.

Question 43

What is a criticism of the **1984 Act** in occupiers' liability?

Answer 43

It uses a subjective test, contrary to other torts ## Footnote This reflects public opinion that wrong-doers should not profit from their actions.

Question 44

What is the principle behind **vicarious liability**?

Answer 44

Employers should be responsible for their employees' actions ## Footnote This principle ensures victims can receive compensation when workers cause harm.

Question 45

What tests have courts developed for **new situations** in vicarious liability?

Answer 45

Close connection and akin to employment tests ## Footnote These tests help address evolving circumstances in tort law.