NCA Torts study plan
NCA Torts · Give each week a clear focus.
8 weeks · About 7 hours per week
Negligence: Duty of Care and Breach of Standard
Map the duty-of-care framework from established duty categories through the neighbour principle to the current three-stage test, and state the role of each stage in your own words
Distinguish duty from breach by classifying ten short fact patterns into the correct analytical question
Explain the objective reasonable-person standard and identify the four factors used to assess the magnitude of risk
Apply the professional and specialist standard, including the relevance of common practice and informed consent principles
Draft a one-page checklist for establishing duty in novel situations
Your checkpoint
A comparative table of duty tests plus ten classified fact patterns with a one-sentence justification each
Negligence: Duty of Care and Breach of Standard
Analyse breach by weighing likelihood, seriousness of harm, cost and practicality of precautions, and social utility in six scenarios
Evaluate the relevance of a defendant's special knowledge, and of a learner's inexperience, to the standard applied
Explain when res ipsa loquitur-style reasoning is available and when it adds nothing to ordinary inference
Construct an argument that a defendant fell below the standard, and a counter-argument that the burden of precaution was disproportionate
Identify the evidential gaps that most often defeat breach claims
Your checkpoint
Two full IRAC answers on breach, each with a reasoned conclusion and a self-marked rubric score
Causation, Remoteness and Defences
Distinguish factual from legal causation and select the correct test for each
Apply the but-for test and identify its limits in cumulative and multiple-cause cases
Explain how material contribution and material increase in risk operate where but-for proof fails
Analyse intervening acts by third parties and by the claimant, and state the test for a novus actus interveniens
Apply the thin-skull principle and separate it from the scope-of-duty question
Your checkpoint
A causation flowchart covering but-for, material contribution, intervening acts and remoteness, tested against five fact patterns
Causation, Remoteness and Defences
Apply the remoteness test to distinguish foreseeable kinds of harm from unforeseeable ones and from unforeseeable extent
Evaluate the complete and partial defences of contributory negligence and voluntary assumption of risk, and state what each requires
Explain illegality as a defence and identify the policy factors courts weigh
Assess the effect of a valid exclusion notice or contractual term on a negligence claim
Calculate an apportionment of damages after a finding of contributory negligence in a worked scenario
Your checkpoint
A timed 45-minute written answer on causation and defences, marked against a checklist of required elements
Negligent Misrepresentation and Pure Economic Loss & Occupiers' and Employers' Liability
Set out the elements of negligent misrepresentation and explain when a duty of care arises for statements
Apply the assumption-of-responsibility test and identify the factors showing reliance was reasonable
Distinguish pure economic loss from consequential economic loss and state the control mechanisms limiting recovery
Apply the occupier's duty to visitors, including the relevance of warnings, children and independent contractors
Explain the employer's non-delegable duty to provide competent staff, safe premises, safe plant and a safe system of work
Your checkpoint
A two-column comparison of negligent misrepresentation and occupiers' liability, with one fully worked problem under each
Occupiers' and Employers' Liability & Intentional Torts and Defences
Evaluate the employer's duty in stress and psychiatric injury claims and the relevance of a recognised psychiatric illness
Analyse the vicarious liability test, distinguishing employees from independent contractors and identifying the close-connection reasoning
Set out the elements of battery, assault and false imprisonment and distinguish each from negligence
Apply the defences of consent, necessity, self-defence and lawful authority to intentional torts
Explain the tort in Wilkinson v Downton-style intentional infliction of physical harm and its mental element
Your checkpoint
A grid of intentional torts showing elements, defences and one illustrative fact pattern per tort
Strict Liability, Nuisance and Remedies
Distinguish private nuisance from public nuisance and from the tort of negligence, and identify who may sue
Apply the factors determining unreasonableness of interference, including locality, duration, sensitivity and malice
Explain the defences to nuisance and the remedies of injunction and abatement
Outline the rule in Rylands v Fletcher-style strict liability and its current relationship with nuisance
Compare compensatory, aggravated and exemplary damages, and state the aim of each
Your checkpoint
A remedies summary sheet mapping each cause of action to its available remedies and limitation considerations
Negligence: Duty of Care and Breach of Standard & Causation, Remoteness and Defences & Negligent Misrepresentation and Pure Economic Loss & Occupiers' and Employers' Liability & Intentional Torts and Defences & Strict Liability, Nuisance and Remedies
Synthesise all six domains into a single decision tree running from duty through breach, causation, defences and remedy
Complete two full-length mock papers under timed conditions and self-mark against the rubric
Identify the three weakest sub-topics from mock results and re-teach each one
Memorise a compact case-and-principle list for the authorities you will cite under pressure
Rehearse concise issue-spotting openings for hybrid questions that span two domains
Your checkpoint
Two completed timed mock papers with a written error log and a one-page final revision sheet
Milestones
Week 2: Can state the duty and breach tests from memory and score at least 70% on a self-marked breach answer
Week 4: Can run the full causation and defences analysis on an unseen scenario within 45 minutes without notes
Week 6: Can correctly classify ten mixed scenarios into the right domain and name the controlling test for each
Week 8: Score at least 65% on both timed mocks with no domain below 50%