Tort Law SQE Revision Notes | 2025 Version | Brigitte's FLK
Tort Law SQE Revision Notes | 2025 Version | Brigitte's FLK
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For planning for the Solicitors Qualifying Examination (SQE), specifically SQE 1, recognizing tort legislation is crucial for aiming solicitors. Brigitte's FLK has put together detailed SQE modification notes that concentrate on tort regulation in the 2025 version, giving you with important understandings to master your studies. This write-up serves as a detailed overview to the essential aspects of tort regulation that will be critical for your SQE 1 exam, emphasizing essential concepts, case law, and useful applications.
Understanding Tort Legislation
Tort law is a essential area of legislation that manages civil misdoings, where one party's activity causes injury or loss to one more. The key aim of tort regulation is to provide relief to the injured party and deter similar conduct in the future. The significant classifications of torts include carelessness, willful torts, and strict liability.
Key Principles in Tort Legislation
Negligence: This is the most prominent location within tort regulation. To develop negligence, a complainant needs to prove four key elements:
Duty of Treatment: The accused owed a legal task to the plaintiff.
Breach of Duty: The accused breached that responsibility.
Causation: The breach caused the plaintiff's injury.
Damages: The complainant suffered actual damages because of this.
Key Situation: Donoghue v. Stevenson (1932) - This spots situation established the modern-day principle of obligation of care, introducing the "neighbour principle," which mentions that a individual is liable if their activities can foreseeably harm others.
Intentional Torts: These are wrongful acts done intentionally, consisting of:
Assault: An act that produces an concern of hazardous or offending call.
Battery: The real infliction of damaging or offending call.
False Imprisonment: Unlawfully limiting an individual's flexibility of movement.
Strict Obligation: In this kind of tort, liability is enforced without a finding of fault. Usually applied in cases entailing inherently dangerous activities or malfunctioning products.
Vital Principles in Tort Regulation for SQE 1
Vicarious Liability: Companies can be held liable for torts dedicated by workers during their employment.
Supports to Negligence: Understand the defences available, such as contributory neglect, volunteer assumption of risk, and legal defences.
Solutions in Tort: The main remedy is damages, which can be categorized as:
Compensatory Damages: Directly making up for losses (both unique and basic damages).
Compensatory Damages: Awarded to punish the accused for especially outright conduct.
Cases to Note
As part of your SQE revision notes, assessing key situations will strengthen your understanding and recall throughout the test. Right here are a few vital situations to concentrate on:
Palsgraf v. Long Island Railroad Co. (1928 ): This situation is vital for recognizing near cause in negligence.
Caparo Industries plc v. Dickman (1990 ): A essential situation for the three-part test for obligation of treatment, incorporating foreseeability, distance, and whether it is reasonable, simply, and sensible to enforce liability.
Wyeth v. Levine (2009 ): This situation is substantial in the context of stringent liability and product problem.
Research Techniques for SQE 1 Notes
Active Discovering: Involve with the material with practice inquiries and past papers.
Mind Mapping: Develop visual representations of tort legislation principles and their affiliations.
Regular Modification: Assign certain times for tort regulation modification to strengthen your understanding regularly.
Group Study: Discussing topics with peers can enhance understanding and retention.
Final thought
Brigitte's FLK 2025 Version of Tort Legislation SQE Revision Notes provides an indispensable resource for trainees getting ready for the SQE 1 examination. With thorough coverage of oversight, intentional torts, and strict obligation, together with key case law, these study notes are developed to equip you with the understanding and confidence required to do well. As you approach your researches, keep in mind to include different researching strategies and technique continually to understand the ins and outs of tort regulation. For further SQE study notes details or extra aspects of SQE revision notes, do not hesitate to connect or discover more resources. Good luck with your prep work!