SQE Study

Tort Law III: Principles of Vicarious Liability

The principles of vicarious liability, which holds an employer responsible for the torts an employee commits due to their working relationship, even if the employer did not personally commit the wrongful act. The source clarifies that for vicarious liability to be established, the tortfeasor must be an employee, acting in the course of their employment, and the action must not be expressly prohibited. The document distinguishes between employees and non-employees, such as independent contractors and partners, noting that the modern judicial approach, exemplified in Various Claimants v Catholic Child Welfare Society, expands liability to relationships "akin to employment." Furthermore, the text explores the "close connection" test from the Lister Principle to determine employer liability, especially in cases of intentional wrongful acts, contrasting these with "frolic" cases where the employee acts outside the scope of employment. Finally, the text touches on the employer’s right to seek indemnity from the employee after paying damages and outlines the overall public policy purpose of vicarious liability, including ensuring victim compensation and encouraging employer safeguards.

Tort Law II: Defences

A comprehensive overview of legal defences in tort law, primarily focusing on how a defendant can reduce or eliminate liability for harm caused. Volenti Non Fit Injuria is explained as a complete defence, applying when a person knowingly and willingly accepts a risk, with case examples demonstrating the required elements of knowledge and voluntary consent, particularly noting exceptions for employees and rescuers. The text also details Contributory Negligence, which functions as a partial defence where the claimant's failure to take reasonable care contributes to their own injuries, resulting in a proportional reduction of damages, as illustrated by the Law Reform (Contributory Negligence) Act 1945 and relevant case law on seatbelts and intoxicated drivers. Finally, the complete defence of Illegality (Ex Turpi Causa Non Oritur Actio) is covered, preventing a claimant from recovering damages when the injury is closely linked to their own criminal conduct, although courts sometimes limit its application based on public policy.

Tort Law I: Negligence

A comprehensive look at the tort of negligence, particularly focusing on the establishment of a duty of care and the calculation of damages in personal injury and death claims. Multiple case summaries illustrate when a duty of care exists, such as an employer's non-delegable duty to provide a safe work environment, contrasting with situations where public bodies, like the police, generally do not owe a duty to individual citizens. The materials also explore the concept of remoteness of damage, applying the reasonable foreseeability test and the Egg-Shell Skull Rule to determine the extent of liability. Finally, the texts detail the principles of remedies, differentiating between pecuniary and non-pecuniary losses and explaining how courts calculate compensation for financial losses and dependency claims, particularly when applying the once and for all rule with exceptions like provisional and periodic payments. The principles regarding the non-recoverability of pure economic loss arising from negligent acts, contrasted with exceptions for negligent misstatements in a special relationship, are also clarified.

The Legal System of England and Wales V: The application of legislation made by Senedd Cymru and Westminster to England and to Wales

The application of legislation across Wales and England, focusing on the distinct law-making powers of the Senedd Cymru (Welsh Parliament) and the UK Parliament (Westminster). Laws passed by the Senedd Cymru have jurisdiction only within Wales and cover "devolved matters" such as education and health. Conversely, Westminster's laws apply to both England and Wales, addressing "reserved matters" like defense and immigration, with England being solely governed by Westminster legislation across all domestic policies since it lacks a devolved parliament. This legal framework, particularly the reserved powers model, highlights Wales' legislative autonomy in certain areas while remaining subject to UK-wide laws on matters of national importance. The document concludes with a brief, unrelated promotional note regarding a referral program for an academy and a copyright warning.

The Legal System of England and Wales IV: Statutory Interpretation

A comprehensive overview of statutory interpretation—the methods courts use to determine and apply the meaning of written law when the text is unclear or leads to problematic results. Initially, the Literal Rule mandates adhering strictly to the plain meaning of words, despite potential absurd outcomes, while the Golden Rule offers a remedy by allowing modification of the literal meaning to avoid such absurdity. The Mischief Rule encourages judges to consider the underlying problem the legislation was created to address, focusing on the law's original intent, which is a key component of the broader Purposive Approach. Additionally, the texts detail essential Aids to Statutory Interpretation, divided into intrinsic (from within the statute) and extrinsic (external resources like parliamentary records), alongside various legal presumptions that guide interpretation, such as the presumption against altering common law or binding the Crown. Finally, the sources acknowledge specific considerations for legislation made by Senedd Cymru, where interpretation must account for devolved powers and the equal legal standing of the Welsh language.