The law of tort — AS & A Level Law (9084) questions by topic
Negligence, trespass to the person and duty of care scenarios drive this topic, with 63 real questions set across 2023 to 2025 papers all marked out of 25.
Assess and evaluate on the essay questions test rules such as multiple causes of damage in negligence, while discuss on scenario-based problems rewards identifying every potential claim, negligence and trespass together, rather than settling on just one. Drafting a scenario response and submitting it for instant marking is a useful check on whether the standard of care, causation, remoteness and any defence such as contributory negligence have all been applied in a logical order.
What examiners look for
- Strong answers first explain the essential elements of negligence with an accurate account of the legal rules supported by relevant case law, before applying the law logically to the facts.
- Strong responses focus application on the areas of negligence most relevant to the facts given, such as the applicable standard of care, causation, remoteness and a defence of contributory negligence.
- Strong answers successfully identify that a scenario contains potential claims in both trespass to the person and negligence, rather than only one.
- Strong responses on negligent misstatement present a detailed and accurate explanation of the tort's elements with reference to relevant authority, then apply the rules to reach a reasoned conclusion.
May–June 2025, Paper 41
John lives in an apartment building. He works from home for a technology company. Olivia lives in the apartment above. Every morning, Olivia takes part in an online exercise…
Answer this question and get it marked →Steve applies for a job with AB Ltd (ABL). He asks his employer, XY Ltd (XYL), to send a reference to ABL. Ann, a manager in XYL, is responsible for providing references. She…
Answer this question and get it marked →It is never possible to accurately apportion blame in cases of contributory negligence. Assess the validity of this statement. [25]
Answer this question and get it marked →Allowing a claimant to succeed in an action for trespass to land without proof of damage is unnecessarily harsh for the defendant. Assess the validity of this statement. [25]
Answer this question and get it marked →Evaluate the rules governing liability for the acts of an independent contractor under the Occupiers' Liability Act 1957. [25]
Answer this question and get it marked →May–June 2025, Paper 42
XY Ltd (XYL) owns a factory. During a severe storm, the floor of the factory is flooded. XYL's safety policy is to close the factory until the floor has dried out. However,…
Answer this question and get it marked →Liz and Kate are writing a book about local historical sites. Sean owns land on which there is an old castle. Liz and Kate obtain his permission to visit the castle and take…
Answer this question and get it marked →In an action for negligence, the 'but for' test should be the only test applied when assessing whether causation is present. Assess the validity of this statement. [25]
Answer this question and get it marked →In an action in Rylands v Fletcher, the term 'non-natural use' is so vague that it restricts the use of the tort to a significant extent. Assess the validity of this statement.…
Answer this question and get it marked →Equitable remedies are of limited use in the law of tort. Assess the validity of this statement. [25]
Answer this question and get it marked →May–June 2025, Paper 43
John lives in an apartment building. He works from home for a technology company. Olivia lives in the apartment above. Every morning, Olivia takes part in an online exercise…
Answer this question and get it marked →Steve applies for a job with AB Ltd (ABL). He asks his employer, XY Ltd (XYL), to send a reference to ABL. Ann, a manager in XYL, is responsible for providing references. She…
Answer this question and get it marked →It is never possible to accurately apportion blame in cases of contributory negligence. Assess the validity of this statement. [25]
Answer this question and get it marked →Allowing a claimant to succeed in an action for trespass to land without proof of damage is unnecessarily harsh for the defendant. Assess the validity of this statement. [25]
Answer this question and get it marked →Evaluate the rules governing liability for the acts of an independent contractor under the Occupiers' Liability Act 1957. [25]
Answer this question and get it marked →May–June 2024, Paper 41
Ann is a personal trainer who runs her own business in Barchester. While driving to work, the car in front of her is hit by a bus operated by CD Transport. Ann's car is struck by…
Answer this question and get it marked →Séamus owns a field next to a popular skateboard park. There is a fence around the field and the gate is locked. However, teenagers regularly use the field as a short cut to the…
Answer this question and get it marked →Evaluate the elements required to establish a defence of volenti non fit injuria (consent).
Answer this question and get it marked →May–June 2024, Paper 42
Shannon purchases a large house near a lake and is aware that XY jet ski club uses the lake for practice sessions and competitions at weekends. These activities generally start at…
Answer this question and get it marked →Police Constable (PC) Conor is driving his police car in pursuit of a gang of armed robbers. He switches on the car's siren and drives at speed through a junction where the…
Answer this question and get it marked →Evaluate the rules governing the recovery of damages for nervous shock in relation to rescuers and bystanders. [25]
Answer this question and get it marked →The rules governing liability for a negligent misstatement have been applied inconsistently and this has created injustice for claimants. Assess the validity of this statement.…
Answer this question and get it marked →The tort of trespass to land continues to provide essential protection for those with an interest in land. Assess the validity of this statement. [25]
Answer this question and get it marked →May–June 2024, Paper 43
Tony inherits a collection of paintings and antique vases. He does not know how much the collection is worth, so he contacts XYZ gallery to request a valuation. XYZ asks a member…
Answer this question and get it marked →Franco is cycling home from work when he is pushed off his bicycle by Maria. As he lies on the ground, Maria takes a bottle of clear liquid from her bag and, telling him it…
Answer this question and get it marked →Evaluate the rules which apply in cases of negligence where there is more than one possible cause of damage. [25]
Answer this question and get it marked →The tort of private nuisance is no longer necessary as alternative actions are available. Assess the validity of this statement. [25]
Answer this question and get it marked →The award of a single lump sum payment for damages in tort is not fair to either the claimant or the defendant. Assess the validity of this statement. [25]
Answer this question and get it marked →October–November 2024, Paper 41
John is the company accountant for XYZ. He has recently prepared the annual financial statements for the company, which show that it has made a significant profit. John meets his…
Answer this question and get it marked →Barchester Council decides to install a charging point for electric vehicles in its main car park. The council hires Andy, who quotes the lowest price for the work. The council is…
Answer this question and get it marked →The standard of care in negligence is an objective one. However, in a limited number of circumstances the court should take into consideration the individual characteristics of…
Answer this question and get it marked →Evaluate the operation of the defence of contributory negligence. [25]
Answer this question and get it marked →The rule in Rylands v Fletcher is no longer necessary because a remedy can generally be found in private nuisance. Assess the validity of this statement. [25]
Answer this question and get it marked →October–November 2024, Paper 42
John is the company accountant for XYZ. He has recently prepared the annual financial statements for the company, which show that it has made a significant profit. John meets his…
Answer this question and get it marked →Barchester Council decides to install a charging point for electric vehicles in its main car park. The council hires Andy, who quotes the lowest price for the work. The council is…
Answer this question and get it marked →The standard of care in negligence is an objective one. However, in a limited number of circumstances the court should take into consideration the individual characteristics of…
Answer this question and get it marked →Evaluate the operation of the defence of contributory negligence. [25]
Answer this question and get it marked →The rule in Rylands v Fletcher is no longer necessary because a remedy can generally be found in private nuisance. Assess the validity of this statement. [25]
Answer this question and get it marked →May–June 2023, Paper 41
A new sports shop is opening in Barchester and is offering substantial discounts on its products. A large number of people queue at the entrance to the shop. John tries to join…
Answer this question and get it marked →Mary owns a house and rents a room to Brian. She decides to extend her house and contacts various builders. She hires Simon, aware that he is relatively inexperienced but he…
Answer this question and get it marked →The distinction between primary and secondary victims of nervous shock is no longer necessary. Assess the validity of the statement above. [25]
Answer this question and get it marked →Evaluate the legal rules governing the award of damages for negligence. [25]
Answer this question and get it marked →Rylands v Fletcher is no longer a strict liability tort. Assess the validity of the statement above. [25]
Answer this question and get it marked →May–June 2023, Paper 42
Nathan has recently qualified as an accountant. His neighbour, Maureen, invites Nathan to a party. At the party, she tells him that she has inherited a large amount of money and…
Answer this question and get it marked →Barchester University wants to encourage its students to walk to their lectures to reduce the level of pollution associated with driving. The university has created…
Answer this question and get it marked →To ensure a fair outcome, special considerations must apply to the defence of contributory negligence when the claimant is a child. Assess the validity of the statement above. [25]
Answer this question and get it marked →The rules which determine who can sue or be sued for a private nuisance are unnecessarily strict. Assess the validity of the statement above. [25]
Answer this question and get it marked →The reasonable man test ensures a consistent approach to breach of duty in negligence. Assess the validity of the statement above. [25]
Answer this question and get it marked →May–June 2023, Paper 43
Rick is a chemistry teacher at Barchester Academy. He requests more protective eye goggles for the chemistry laboratories as there are not enough for all the students. The academy…
Answer this question and get it marked →Naomi's neighbour John is building a new house on his land. In order to install water pipes, he is digging under Naomi's garden without her permission. A week later she becomes…
Answer this question and get it marked →Evaluate the factors considered by the court when determining whether a duty of care is owed in negligence. [25]
Answer this question and get it marked →It is difficult to find a defendant liable for trespass to the person because of the defences available. Assess the validity of the statement above. [25]
Answer this question and get it marked →Evaluate the special considerations which apply in relation to the duty owed to a child visitor under the Occupiers' Liability Act 1957. [25]
Answer this question and get it marked →October–November 2023, Paper 41
Pavel is driving his truck on a busy motorway in excess of the speed limit. Whilst changing lanes to overtake without using the truck's indicator, Pavel's truck hits a car driven…
Answer this question and get it marked →Anna opens a bakery and shop. There is a step at the entrance to the shop, so, to warn customers, Anna makes and displays a small but colourful sign at the door which reads 'Watch…
Answer this question and get it marked →The legal rules governing the recovery of damages for a negligent misstatement are inconsistent and therefore unfair. Assess the validity of the statement above. [25]
Answer this question and get it marked →Assess the importance of equitable remedies in the law of tort. [25]
Answer this question and get it marked →Trespass to the person remains an essential and fundamental source of protection of personal rights. Assess the validity of the statement above. [25]
Answer this question and get it marked →October–November 2023, Paper 42
Pavel is driving his truck on a busy motorway in excess of the speed limit. Whilst changing lanes to overtake without using the truck's indicator, Pavel's truck hits a car driven…
Answer this question and get it marked →Anna opens a bakery and shop. There is a step at the entrance to the shop, so, to warn customers, Anna makes and displays a small but colourful sign at the door which reads 'Watch…
Answer this question and get it marked →The legal rules governing the recovery of damages for a negligent misstatement are inconsistent and therefore unfair. Assess the validity of the statement above. [25]
Answer this question and get it marked →Assess the importance of equitable remedies in the law of tort. [25]
Answer this question and get it marked →Trespass to the person remains an essential and fundamental source of protection of personal rights. Assess the validity of the statement above. [25]
Answer this question and get it marked →