Key term
WJEC AS-Level Law 603-1978-1
Law Making in Wales and the UK
Topic overviewLegal rules, sources of law and the rule of lawParliamentary sovereignty, the separation of powers and the Royal PrerogativeThe composition and role of ParliamentThe legislative process at WestminsterThe Senedd and law making in WalesThe devolution settlement and the role of the Supreme CourtInfluences on law making and law reform
Delegated Legislation
Topic overviewThe nature and authority of delegated legislationStatutory instrumentsBy-laws and Orders in CouncilDelegated legislation in Wales and the devolution settlementParliamentary controls on delegated legislationControl by the courts and judicial reviewReasons for delegated legislation and its advantages and disadvantages
Statutory Interpretation
Judicial Precedent
The Civil Courts and Dispute Resolution
The Criminal Process and the Criminal Courts
Topic overviewClassification of offences and the criminal processThe magistrates' courts and the Crown CourtAppeals in criminal casesThe jury at trial: verdicts, secrecy and the coroner's juryCriticisms of and alternatives to the jury systemThe aims and theories of sentencingSentencing powers and the sentencing of youths
Legal Personnel and the Judiciary
Topic overviewBarristers: training, role and rights of audienceSolicitors: training, role and workLegal executives and paralegalsRegulation of the legal professions and the fusion debateThe judiciary: hierarchy, role and selectionJudicial independence, the rule of law and the constitutional positionLay magistrates and district judges
Access to Justice and Funding
Topic overviewAccess to justice and the development of legal aidCivil legal aid: scope and servicesMeans testing, merits testing and the statutory chargeCriminal legal aid and the Public Defender ServiceConditional fee agreements and private fundingAdvice agencies and other sources of helpEvaluating access to justice after the 2012 reforms
Tort: Rules and Theory
Topic overviewThe nature and origins of the law of tortCategories of tort and the interests protectedFault and strict liabilityCorrective justice and the economic justificationRetributive and distributive justice in tortTheories of justice and the balancing of interestsCriticisms of the tort systemReform and alternatives to tort
Tort: Negligence
Tort: Occupiers' Liability
Tort: Negligence
- 7 subtopics
- 21 things to know
- AS Unit 2
What Tort: Negligence covers
Tort: Negligence is examined in AS Unit 2, The Law of Tort. It covers duty of care and the neighbour principle, the Caparo test and the modern approach, breach of duty and the reasonable man, factors affecting the standard of care, causation in fact and in law, remoteness of damage and the thin skull rule and psychiatric injury: primary and secondary victims.
The 7 subtopics
Each one has its own page. WJEC AS Law students sit this topic in the first year.
- Duty of care and the neighbour principleThree elements a claimant must prove in negligence, facts of Donoghue v Stevenson and neighbour principle.Open →
- The Caparo test and the modern approachFacts of Caparo and pure omission.Open →
- Breach of duty and the reasonable manRecall questions on the objective standard, the learner driver in Nettleship v Weston, the Bolam test as qualified by Bolitho, the standard for a child defendant, and hindsight in Roe.Open →
- Factors affecting the standard of careFacts of Bolton v Stone, res ipsa loquitur and relevance of a recognised professional guideline to breach.Open →
- Causation in fact and in lawBut for test, facts of Barnett and difference between factual and legal causation.Open →
- Remoteness of damage and the thin skull ruleTest in The Wagon Mound, facts of The Wagon Mound and facts of Hughes v Lord Advocate.Open →
- Psychiatric injury: primary and secondary victimsRecognised psychiatric illness, four Alcock criteria and immediate aftermath requirement.Open →
What you need to know
Answer each one before you reveal it.
Your recallNot started
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State the four Alcock criteria.
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Which case established the modern law of negligence?
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Which case supplies the classic definition of the standard of care in negligence?
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Name four factors a court weighs in deciding whether the standard was met.
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State the but for test.
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What does remoteness of damage limit?
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Why could Mrs Donoghue not sue in contract?
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What were the facts of Caparo v Dickman (1990)?
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How did Bolitho v City and Hackney Health Authority (1997) qualify Bolam?
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What were the facts of Bolton v Stone?
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Which case illustrates the but for test?
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Which case established the modern test of remoteness?
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What must a claimant establish for a claim in psychiatric injury?
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State the neighbour principle.
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What is meant by proximity?
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What did Mullin v Richards concern?
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What is res ipsa loquitur?
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What were the facts of Barnett v Chelsea and Kensington Hospital Management Committee (1969)?
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State the test in The Wagon Mound.
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Give two examples of a recognised psychiatric illness.
Take Tort: Negligence further
The same content, four other ways.
Commonly confused
Pairs that lose marks when they are blurred together.
Causation vs Remoteness
Causation: asking whether the breach produced the harm. Remoteness: limiting liability to harm of a foreseeable type.
Page v Smith vs Alcock
Page v Smith: allowing recovery where physical injury was foreseeable though the psychiatric injury was not. Alcock: imposing control mechanisms on witnesses.
Bolam vs Bolitho
Bolam: accepting a practice supported by a responsible body of professional opinion. Bolitho: requiring that opinion to withstand logical analysis.
Questions from this topic
Each one with the model answer underneath.
- 1
Name the three elements a claimant must prove in negligence.
Model answer
That the defendant owed a duty of care, that the duty was breached, and that the breach caused damage that is not too remote.
- 2
Which case established the modern law of negligence?
Model answer
Donoghue v Stevenson (1932).
- 3
What were the facts of Donoghue v Stevenson?
Model answer
The claimant drank ginger beer from an opaque bottle bought for her by a friend and alleged it contained a decomposed snail, making her ill.
- 4
Why could Mrs Donoghue not sue in contract?
Model answer
She had not bought the drink herself, so she had no contract with the seller or the manufacturer.
- 5
State the neighbour principle.
Model answer
A person must take reasonable care to avoid acts or omissions they can reasonably foresee would be likely to injure their neighbour.
- 6
Who is a neighbour in Lord Atkin's sense?
Model answer
Anyone so closely and directly affected by the act that the defendant ought reasonably to have them in contemplation.
What is inside Levo
Six ways to work the same material.
Tort: Negligence revision questions
- Is Tort: Negligence examined at AS in WJEC Law?
- Yes. It sits in AS Unit 2, which you take in the first year, so it is on the AS paper as well as counting towards the full A level.
- What does Tort: Negligence cover in WJEC AS-Level Law?
- 7 subtopics: duty of care and the neighbour principle, the caparo test and the modern approach, breach of duty and the reasonable man, factors affecting the standard of care, causation in fact and in law, remoteness of damage and the thin skull rule and psychiatric injury: primary and secondary victims. Each one has its own page with questions and model answers.
- How is Tort: Negligence organised?
- By the WJEC 603-1978-1 specification, subtopic by subtopic, so it matches the order you are taught it in.
Every question in Tort: Negligence, 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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