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SQE1: Tort

SQE1 · Work through your exam, one topic at a time.

All guide sections

Tort

Negligence

The elements are duty, breach, causation and remoteness. Duty is established by precedent (road users, doctors, employers) or the Caparo three-stage test: foreseeability, proximity and fair, just and reasonable. Professionals are judged against the ordinary skilled person exercising that art (Bolam), not the highest expert standard. Breach is assessed by the magnitude of risk, practicability of precautions, social utility and the defendant's resources.

Causation

Factual causation uses the "but for" test; intervening acts may break the chain unless reasonably foreseeable. Remoteness asks whether the type of damage was reasonably foreseeable (The Wagon Mound), applying the "eggshell skull" rule for the extent of harm.

Special categories

Pure economic loss is generally irrecoverable in negligence (Spartan Steel); negligent misstatement requires a special relationship (Hedley Byrne). Psychiatric injury requires a recognised disorder, with primary victims in the zone of danger and secondary victims meeting Alcock criteria. Vicarious liability requires a relationship of employment or akin to it and a tort committed in the course of employment (Lister).

Other torts and defences

Occupiers' Liability Acts 1957 and 1984; private and public nuisance; Rylands v Fletcher; trespass; defamation (serious harm, truth, honest opinion, privilege). Defences: contributory negligence (reduces damages), volenti non fit iniuria (complete defence), illegality.

Rule of thumb: work through duty → breach → causation → remoteness → defences in that order, and never skip the limitation check (three years for personal injury).