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AQA A-Level Law 7162
The Nature of Law
Topic overviewDistributive and Corrective JusticeTheories of Justice: Rawls, Nozick and MarxWhat Law Does in SocietyHow Law and Morality Are EnforcedMoral Diversity in a Pluralist SocietyThe Hart-Devlin DebateProcedural Justice and UtilitarianismThe Rule of Law: Core RequirementsLaw, Rights and the Resolution of DisputesFault and Strict LiabilityWhere Law and Morality OverlapWolfenden and R v BrownAristotle on JusticeJustice through Civil and Criminal LawCriminal and civil law comparedCustom, statute and common law as sourcesEquality, Fairness and Clarity before the Law
The European Union and English Law
Legal Personnel and the Judiciary
Access to Justice and Funding
Parliamentary Law Making
Delegated Legislation
Statutory Interpretation
Judicial Precedent
Law Reform
The Civil Courts and Dispute Resolution
The Criminal Courts and Sentencing
Lay People: Magistrates and Juries
Criminal Law: Rules and Theory
General Elements of Liability
Fatal Offences Against the Person
Non-Fatal Offences Against the Person
Property Offences
Preliminary Offences
Criminal Defences
Tort: Rules and Theory
Negligence
Occupiers' Liability
Nuisance and Rylands v Fletcher
Vicarious Liability
Tort: Defences and Remedies
Contract: Rules and TheoryContract
Formation of a ContractContract
Contract TermsContract
Vitiating FactorsContract
Discharge of a ContractContract
Contract: RemediesContract
Human Rights: Rules and TheoryHuman rights
Topic overviewArticle 2 and Article 5: Life and LibertyArticle 11 and the Conditions for RestrictionRights, Liberties and Correlative DutiesThe Scope of Fundamental Human RightsArticle 2 Exceptions and the Article 5 GuaranteeInterfering with Article 8 RightsArticle 10: Freedom of Expression and Its LimitsThe Human Rights Act and Categories of Rights
Human Rights in International and UK LawHuman rights
The European Convention ArticlesHuman rights
Topic overviewFreedom of Association and Its LimitsArticle 2: Justified Deprivation of LifeArticle 5: Lawful Arrest and DetentionArticle 8: Private and Family LifeArticle 11: What It ProtectsArticle 2: Negative and Positive ObligationsThe Article 2.2 Exceptions in DetailArticle 5.1: Liberty and Security of PersonDetention under Article 5.1(a) to (c)Article 5.2 to 5.5: Information and ReviewArticle 10.1: Freedom of ExpressionWhich Paragraphs Permit RestrictionThe Grounds for Lawful DetentionEnforcing Rights in Strasbourg and by Judicial Review
Restrictions and EnforcementHuman rights
Topic overviewThe Common Requirements for RestrictionsLegitimate Aims and ProportionalityBringing a Claim to the Strasbourg CourtArticle 46, Judicial Review and Section 7 ClaimsPrescribed by Law and Necessary in a DemocracyLegitimate Aims for Restricting Articles 10 and 11Enforcement in Strasbourg and at HomeThe Two General Conditions for RestrictionLegitimate Aims across Articles 8, 10 and 11Who May Claim and How Rights Are EnforcedSupervising Judgments and Judicial Review Remedies
Reform of Human Rights LawHuman rights
Tort: Rules and Theory
- 7 subtopics
- 23 things to know
- Paper 2
What Tort: Rules and Theory covers
The shape of tort liability and the policy behind it — the floodgates argument, defensive practice and the reluctance to compensate pure economic loss.
The 7 subtopics
Each one has its own page.
- The Areas of Tort LiabilityRecall questions on the two requirements for fault-based liability and on negligence, occupiers' liability and nuisance as areas of tort.Open →
- Duty of Care, Breach and CausationRecall questions on the neighbour principle and the Caparo test, the objective standard of care and the factors that decide breach, the but for test and remoteness, pure economic loss, and primary and secondary victims.Open →
- Secondary Victims and Occupiers' LiabilityRecall questions on the relationship and proximity a secondary victim must show, how they must have perceived the event, and what the 1957 Act governs.Open →
- Nuisance, Rylands v Fletcher and Tort DefencesRecall questions on private nuisance and the rule in Rylands v Fletcher, and the defences of contributory negligence, consent, statutory authority, coming to the nuisance, act of a stranger, act of God and default of the claimant.Open →
- Damages and Injunctions in TortRecall questions on compensatory damages for pain, lost earnings and medical costs, mitigation of loss, prohibitory and mandatory injunctions, the interests courts balance, and when damages are awarded instead of an injunction.Open →
- Policy Limits on the Duty of CareRecall questions on the floodgates argument, the fear of defensive practice, alternative remedies and the reluctance over pure economic loss.Open →
- Vicarious Liability: Justifications and Employment StatusRecall questions on what vicarious liability is and why it is imposed, from compensation to workplace safety, and on the control, integration, equipment and financial risk factors that decide employment status.Open →
What you need to know
Answer each one before you reveal it.
Your recallNot started
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What does occupiers' liability concern as an area of tort?
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What is vicarious liability as an area of tort?
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According to the neighbour principle from Donoghue v Stevenson, to whom does a person owe a duty of care?
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How does the likelihood of harm affect the standard of care expected?
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What does legal causation (remoteness of damage) require for the defendant to be liable?
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What relationship must a secondary victim have with the primary victim to recover for psychiatric injury?
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What is the third condition for a duty to arise under the Occupiers' Liability Act 1984?
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What does the integration test examine when determining employment status?
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What is the defence of consent (volenti non fit injuria)?
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Is it a defence to private nuisance that the claimant came to the nuisance?
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What is the 'act of God' defence to Rylands v Fletcher?
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What is the aim of compensatory damages in tort?
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What does the principle of mitigation of loss require of a claimant?
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What is the balance of convenience in deciding whether to grant an injunction?
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How does the availability of alternative remedies affect whether courts impose a duty of care?
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What is the proximity in time and space requirement under the Alcock control mechanisms?
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What is the objective standard of care in negligence?
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What is an injunction in tort law?
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What claimant interest do courts consider when deciding whether to grant an injunction?
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How does public interest factor into the court's decision on granting an injunction?
Process
Define negligence and nuisance, and state the first requirement of a negligence claim.
Process
What are the three limbs of the Caparo test?
Take Tort: Rules and Theory further
The same content, four other ways.
Commonly confused
Pairs that lose marks when they are blurred together.
Tort vs Breach of contract
Tort: a civil wrong giving rise to a claim for damages independent of contract. Breach of contract: failure to perform an obligation the parties agreed between themselves.
Fault liability vs Strict liability in tort
Fault liability: liability requiring proof that the defendant fell below a standard of care. Strict liability in tort: liability arising without proof of fault once the conditions are met.
Compensatory damages vs Exemplary damages
Compensatory damages: damages restoring the claimant to the position they would have been in. Exemplary damages: damages awarded to punish the defendant's conduct.
Questions from this topic
Each one with the model answer underneath.
- 1
What two fundamental requirements must be proven for tort law to impose liability based on fault?
Model answer
That the defendant's conduct fell below a required standard, and that this conduct caused harm to the claimant.
- 2
What is negligence as an area of tort liability?
Model answer
A tort where the defendant breaches a duty of care owed to the claimant, causing damage.
- 3
What does occupiers' liability concern as an area of tort?
Model answer
The duties owed by those who occupy premises to persons who enter those premises.
- 4
What is nuisance as an area of tort liability?
Model answer
A tort concerning unlawful interference with a person's use or enjoyment of land.
- 5
What is vicarious liability as an area of tort?
Model answer
A form of secondary liability where one party is held liable for the torts committed by another.
- 6
What is the first element a claimant must establish in a negligence claim?
Model answer
That the defendant owed the claimant a duty of care.
What is inside Levo
Six ways to work the same material.
Tort: Rules and Theory revision questions
- What does Tort: Rules and Theory cover in AQA A-Level Law?
- 7 subtopics: the areas of tort liability, duty of care, breach and causation, secondary victims and occupiers' liability, nuisance, rylands v fletcher and tort defences, damages and injunctions in tort, policy limits on the duty of care and vicarious liability: justifications and employment status. Each one has its own page with questions and model answers.
- How is Tort: Rules and Theory organised?
- By the AQA 7162 specification, subtopic by subtopic, so it matches the order you are taught it in.
Every question in Tort: Rules and Theory, on a schedule.
Attempt a question from memory, write the correct version, then attempt it again. Levo records the jump between your first attempt and your last, and brings each question back on the day you are due to forget it.
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