notes based on Barbri prep course and external resources - summary of UK tort law in preparation for SQE1 FLK2
in notes:
Pl or P = Plaintiff/Claimant
Def or D = Defendant
W = Witness
K = contract
Rmanner = reasonable manner
EE = employee
ER = employer
IndCont = independent contractor
Tort
Concepts:
1. Negligence
2. Remedies and defences
3. Occupiers’ liability
4. Product liability
5. Nuisance and the rule in Rylands v Fletcher
NOTE: Defamation not in these notes
key terms:
- Intentional torts = actionable per se, just show intention to do the act
- Consequential economic loss: econ loss (ex. PWL) + physical injury → recoverable
- Consequential psych harm: break leg + PTSD → recoverable
- Pure psych harm: recover only if medically recognized
- ER can delegate tasks to EE/IndCont but DOC/liability stays with ER
1
, Remedies
Objective: place P in same position they would be in had tort not occurred → P has duty to mitigate
Pecuniary Losses: financial losses suffered
- PWL: specials - up to date of trial; based on net wages (deduct taxes/insurance/sick pay paid out)
- FWL/LOEC: general - paid in lump sum assessed at trial
- Cannot return to work: pre-injury income X lost years – contingencies
- Limited return to work: ∆(original salary – reduced salary) X lost years – contigencies
- Shortened life expectancy: income P would’ve earned in lost years – living expenses
- Expenses: specials - costs of care, medical tx, equipment, adaptations → recover Rcosts of care incl private
care rather than NHS
- Property:
- Destroyed: cost of replacement
- Damaged: diminution in value (cost of repair)
Non-Pecuniary Losses: general - published guidelines for pain/suffering, loss of amenity for past and future
Death:
A. If claim started but P then dies, claim continues for estate’s benefit
- Can recover specials and general up to date of death
B. If P dies, dependents may claim bereavement if show:
1. Dependents were financially dependent (kids, parents, spouse)
2. P would have had some claim had he survived
- Amount is fixed by statute
2
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller vanessaulysses1. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $13.69. You're not tied to anything after your purchase.
