NCA Torts study materials
NCA Torts study resources

NCA Torts study plan

NCA Torts · Give each week a clear focus.

8 weeks · About 7 hours per week

Week 1

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

Week 2

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

Week 3

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

Week 4

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

Week 5

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

Week 6

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

Week 7

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

Week 8

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%