The law of tort — OCR A-Level Law Revision

    Section B of the Criminal Law component focuses on the rules and general elements of criminal liability, including fatal and non-fatal offences against the

    Topic Synopsis

    Section B of the Criminal Law component focuses on the rules and general elements of criminal liability, including fatal and non-fatal offences against the person, property offences, mental capacity defences, general defences, and preliminary offences. It requires learners to apply legal knowledge to scenario-based situations and critically evaluate specific areas of criminal law.

    Key Concepts & Core Principles

    Exam Tips & Revision Strategies

    Examiner Marking Points

    The law of tort

    OCR
    A-Level

    Section B of the Criminal Law component focuses on the rules and general elements of criminal liability, including fatal and non-fatal offences against the person, property offences, mental capacity defences, general defences, and preliminary offences. It requires learners to apply legal knowledge to scenario-based situations and critically evaluate specific areas of criminal law.

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    Objectives
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    Exam Tips
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    Pitfalls
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    Key Terms
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    Mark Points

    Topic Overview

    The law of tort is a cornerstone of the OCR A-Level Law syllabus, focusing on civil wrongs that cause harm or loss to individuals. Unlike criminal law, which punishes offenders, tort law aims to compensate victims and restore them to their original position where possible. The most common tort is negligence, which requires proving duty of care, breach, and resulting damage. Other key torts include nuisance, trespass, and defamation, each with specific elements and defences. Understanding tort law is essential because it governs everyday interactions—from car accidents to medical malpractice—and shapes how society balances individual rights against social responsibility.

    In the OCR specification, tort law is studied alongside criminal law and contract law, but it stands out for its focus on fault-based liability. Students must grasp landmark cases like Donoghue v Stevenson [1932], which established the neighbour principle for duty of care, and Caparo Industries plc v Dickman [1990], which refined the three-stage test. Tort law also introduces important concepts such as causation, remoteness of damage, and defences like contributory negligence. Mastering this topic not only prepares students for exams but also develops critical thinking about how legal rules adapt to new situations, such as liability for psychiatric harm or economic loss.

    Why does tort law matter? It provides a framework for accountability in a complex world. For example, if a doctor negligently treats a patient, tort law allows the patient to claim damages. Similarly, if a neighbour’s tree roots damage your property, nuisance law may offer a remedy. Tort law also reflects societal values—for instance, the rise of vicarious liability holds employers responsible for employees’ actions, promoting safer workplaces. As you study, you’ll see how tort law evolves through judicial decisions and statutes, making it a dynamic and fascinating area of law.

    Key Concepts

    Core ideas you must understand for this topic

    • →Duty of care: The legal obligation to avoid causing harm to others, established via the three-stage test from Caparo v Dickman (foreseeability, proximity, and whether it is fair, just, and reasonable to impose a duty).
    • →Breach of duty: The defendant must have fallen below the standard of care expected of a reasonable person, assessed objectively (e.g., the reasonable driver, doctor, or manufacturer).
    • →Causation: The claimant must prove both factual causation (the 'but for' test from Barnett v Chelsea & Kensington Hospital) and legal causation (the damage was not too remote, per The Wagon Mound [1961]).
    • →Defences: Contributory negligence (Law Reform (Contributory Negligence) Act 1945) reduces damages proportionally; volenti non fit injuria (consent) is a complete defence but rarely succeeds; and illegality (ex turpi causa) may bar claims.
    • →Types of damage: Tort law compensates for personal injury, property damage, and economic loss (but pure economic loss is generally not recoverable in negligence, as per Murphy v Brentwood DC).

    What You Need to Demonstrate

    Key skills and knowledge for this topic

    • Demonstrate knowledge and understanding of criminal law rules and principles (AO1)
    • Apply legal rules and principles to given scenarios to present a legal argument (AO2)
    • Use appropriate legal terminology
    • Construct a sustained and coherent line of reasoning
    • Critically evaluate non-fatal offences against the person, defences (intoxication, self-defence, consent), and ideas for reform (AO3)
    • Use common evaluation frameworks such as fit for purpose, up-to-date, just/unjust, effective/ineffective, and moral principles

    Marking Points

    Key points examiners look for in your answers

    • Demonstrate knowledge and understanding of criminal law rules and principles (AO1)
    • Apply legal rules and principles to given scenarios to present a legal argument (AO2)
    • Use appropriate legal terminology
    • Construct a sustained and coherent line of reasoning
    • Critically evaluate non-fatal offences against the person, defences (intoxication, self-defence, consent), and ideas for reform (AO3)
    • Use common evaluation frameworks such as fit for purpose, up-to-date, just/unjust, effective/ineffective, and moral principles

    Examiner Tips

    Expert advice for maximising your marks

    • 💡Use the provided legal reasoning developed through the study of statutory interpretation and judicial precedent
    • 💡Treat the extended response essay questions as requiring a conclusion
    • 💡Ensure evaluation answers identify different perspectives and support the strongest viewpoint
    • 💡Apply legal rules to the specific facts of the scenario rather than just reciting law
    • 💡Always apply the law to the facts. In problem questions, use the IRAC method (Issue, Rule, Application, Conclusion). For example, when discussing duty of care, explicitly state the three-stage Caparo test and apply each stage to the scenario. Avoid just listing cases—show how they support your reasoning.
    • 💡Memorise key case names and ratios, but also understand the principles. Examiners reward students who can explain why a case is important (e.g., Donoghue v Stevenson established the neighbour principle, not just 'it's about a snail in a bottle'). Use cases to illustrate points, not as a substitute for analysis.
    • 💡For evaluation questions (e.g., 'Discuss the effectiveness of tort law'), balance strengths and weaknesses. Mention alternatives like the Criminal Injuries Compensation Scheme or no-fault systems, and consider perspectives of claimants, defendants, and society. Use phrases like 'on one hand... on the other hand' to show critical thinking.

    Common Mistakes

    Pitfalls to avoid in your exam answers

    • Misconception: 'If someone is injured, they automatically win a negligence claim.' Correction: The claimant must prove all elements: duty, breach, causation, and damage. Even if harm occurs, if the defendant acted reasonably, there is no liability (e.g., a driver who skids on black ice may not be negligent if they drove carefully).
    • Misconception: 'Contributory negligence means the claimant gets nothing.' Correction: It reduces damages by a percentage reflecting the claimant's fault. For example, if a passenger doesn't wear a seatbelt and is injured, damages may be reduced by 25% (Froom v Butcher).
    • Misconception: 'Psychiatric harm is treated the same as physical injury.' Correction: The law imposes stricter rules for psychiatric harm (nervous shock). Claimants must show a recognised psychiatric illness, and secondary victims must meet control mechanisms from Alcock v Chief Constable of South Yorkshire (close tie of love and affection, proximity to event, and means of perception).

    Frequently Asked Questions

    Common questions students ask about this topic

    Before You Start

    Prior knowledge that will help with this topic

    • •Basic understanding of the English legal system, including the hierarchy of courts and the doctrine of precedent, as tort law relies heavily on case law.
    • •Familiarity with criminal law concepts like actus reus and mens rea can help, but tort law uses different terminology (e.g., breach instead of actus reus).
    • •Knowledge of contract law is useful for understanding the overlap (e.g., liability for defective products can arise in both tort and contract), but it's not essential.

    Likely Command Words

    How questions on this topic are typically asked

    Explain
    Describe
    Discuss
    Advise
    Discuss the extent to which

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