Overview
Our free Tort notes cover everything you need to know for the Solicitors' Qualifying Exam (SQE). From intentional torts to occupiers' liability and product liability, we've got you covered. Whether you're in a classroom or taking the self-study route, these notes provide added peace of mind, knowing that you have everything you need to help consolidate and revise effectively for the SQE1 exam. Think something could be better? Give us a shout on our contact page, and we'll take a look.
We've created comprehensive study guides for all SQE1 FLK1 and FLK2 topics. Check out our other free notes below:
FLK1
FLK2
- Criminal Law and Practice
- Land Law
- Property Practice
- Solicitors Accounts
- Trusts
- Wills and the Administration of Estates
1. Introduction to Tort Law
2. Negligence
- Duty of care
- Established duties of care
- Novel duties of care (Donoghue v Stevenson and Caparo test)
- Exceptions: control, assumption of responsibility, creation or adoption of risk
- Failure to prevent third-party harm
3. Breach of Duty
- Standard of care
- Professional standard of care
- Lower standard for children
- Illness and disability considerations
- No lowered standard for adults
- Common practice and its relevance
- Factors affecting breach: likelihood and magnitude of harm, practicality of precautions
- Sporting events and potential benefits of conduct
- Current state of knowledge
4. Causation in Negligence
- Factual causation: 'but for' test
- Multiple causes: material contribution to loss
- Material increase in risk
- Multiple causes and multiple injuries
- Apportionment of liability between tortfeasors
- Legal causation: acts of God, third parties, and the claimant
5. Remoteness of Damage
- Reasonably foreseeable harm
- Type of harm vs. exact manner of occurrence
- Extent of damage need not be foreseeable
6. Defences to Negligence
- Consent (volenti non fit injuria)
- Voluntary assumption of risk
- Consent in employment and rescue situations
- Contributory negligence
- Failure to take reasonable care for one's own safety
- Special considerations in contributory negligence
- Illegality (ex turpi causa non oritur actio)
- Necessity
7. Remedies for Personal Injury and Death Claims
- Compensatory damages
- General damages: pain, suffering, and loss of amenity
- Loss of earnings pre- and post-trial
- Deductions from damages
- Damages in cases of death
8. Claims for Pure Economic Loss
- Distinction between pure economic loss and consequential loss
- Economic loss from defective property
- General rule against recovery
- Exceptions: Hedley Byrne principle
- Reasonable reliance and assumption of responsibility
- Caparo test for negligent misstatements
- Economic loss in wills and references
- Defences applicable to pure economic loss claims
9. Claims for Psychiatric Harm
- Definition of pure psychiatric harm
- Primary victims
- Secondary victims
- Alcock criteria for secondary victims
- Rescuers and bystanders
10. Employers' Primary Liability
- Duty to provide safe equipment and machinery
- Duty to provide a safe workplace
- Duty to provide a safe system of work with adequate supervision
- Stress at work claims
- Remaining elements of an employer's liability claim
11. Vicarious Liability
- Principles of vicarious liability
- Employment relationships and relationships akin to employment
- Tort committed in the course of employment
- 'Frolic' cases and deviation from employment
- Close connection test
- Employer's right to indemnity
12. Occupiers' Liability
- Occupiers' Liability Act 1957 (visitors)
- Identifying the occupier
- Definition of 'visitor'
- Common duty of care and its breach
- Standard of care for different visitors (children, specialists)
- Liability for independent contractors
- Occupiers' Liability Act 1984 (non-visitors/trespassers)
- Duty owed to trespassers
- Breach of duty towards trespassers
- Defences and exclusion of liability
13. Product Liability
- Product liability in negligence
- Duty of care of manufacturers
- Intermediate examination by consumer
- Consumer Protection Act 1987
- Definitions of 'defect' and 'product'
- Who is liable under the Act
- Defences under the Act
14. Nuisance and the Rule in Rylands v Fletcher
- Private nuisance
- Unlawful interference with use or enjoyment of land
- Factors: duration, frequency, character of locality, malice
- Who can sue and be sued in private nuisance
- Defences and remedies in private nuisance
- Public nuisance
- Requirement of a 'class of people' and 'special damage'
- The rule in Rylands v Fletcher
- Elements of a Rylands v Fletcher claim
- Non-natural use of land
- Thing likely to cause mischief if it escapes
- Escape and foreseeable harm
- Defences and remedies under Rylands v Fletcher
