How to Revise The Law of Tort — WJEC A-Level Law
The Law of Tort is a topic in the WJEC A-Level Law specification. This guide covers learning objectives, examiner tips, common mistakes, and key terminology to help you revise effectively.
Examiner Tips for The Law of Tort
- Ensure you can distinguish between fault-based liability and strict liability.
- Be prepared to discuss the theoretical justifications for tort law, such as corrective and retributive justice.
- Use appropriate legal terminology when discussing the economic justifications of the tort system.
- Always apply the Caparo test systematically when establishing a duty of care in novel situations
- Use clear legal terminology when distinguishing between factual and legal causation
- Ensure that for every element of negligence, you apply the law to the specific facts provided in the scenario
- Structure your answer by addressing duty, breach, and causation sequentially
- Ensure clear distinction between the 1957 Act and the 1984 Act when analyzing scenarios
Common Mistakes in The Law of Tort
- Confusing the requirements for primary and secondary victims in psychiatric injury claims
- Failing to apply the 'but for' test correctly in complex causation scenarios
- Applying a subjective standard of care rather than the objective reasonable man standard
- Neglecting to discuss remoteness of damage when assessing liability
Key Marking Points
- Origins of the law of tort
- Categories of tort
- Theories in the law of tort
- Concept of fault versus strict liability
- Economic justification of tort
- Corrective justice