Tort

This unit will count towards the A/S qualification and involves studying the following areas of the Law.

The rules of tort law

Rules and principles concerning liability and fault in actions for negligence and occupiers' liability, and associated remedies.

Liability in negligence for physical injury to people and damage to property

  • Duty of care: the 'neighbour' principle; the Caparo three-part test.
  • Breach of duty: the objective standard of care.
  • Damage: factual causation and legal causation (remoteness of damage).

Occupiers' liability

  • Liability in respect of lawful visitors as governed by the Occupiers’ Liability Act 1957 (with particular reference to s2(1) – (3) but excluding defences).
  • Liability in respect of trespassers as governed by the Occupiers’ Liability Act 1984 (with particular reference to s1(1) – (3) but excluding defences).

Remedy of compensatory damages

  • Basic understanding of compensatory damages for physical injury to people and damage to property.
  • Basic understanding of the principle of mitigation of loss.

 

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