Introduction

Introduction

This chapter introduces the **law of tort** and the development of the modern **tort of negligence**. Tort is a branch of the law that provides a **legal remedy** to anyone who has suffered a breach of a **legally protected interest**. The chapter sets out **what tort is**, **the main purpose of tort law** (to compensate the victim and restore their position), **why negligence is the most common tort in practice**, and the **four elements** of a negligence claim — **duty of care, breach, causation and damage**. It closes with the landmark authority **Donoghue v Stevenson [1932]**, which established the modern tort of negligence.

Assessment focus

For the SQE1 FLK1 assessment, candidates must **apply** relevant core legal principles and rules — at the level of a competent newly qualified solicitor — to realistic client-based and ethical problems in the areas of **negligence; remedies and defences; occupiers' liability; product liability; and nuisance and the rule in Rylands v Fletcher**. Candidates must also demonstrate the ability to act honestly and with integrity in accordance with the **SoSC, the SRA Principles and the Code of Conduct**. Questions are single best answer questions (SBAQs) set in realistic scenarios and may draw on any combination of subject areas within the FLK assessment. This is a closed-book assessment: ensure you can recall the definition and purpose of tort, the **four elements of negligence** and the significance of **Donoghue v Stevenson** from memory.

Study tips

1) Memorise the **definition of tort**: a legal remedy for the breach of a legally protected interest. 2) Remember the **main purpose** of tort law — to **compensate** the victim and put them back in the position they would have been in had the tort not occurred. 3) Learn the **negligence formula** by heart: **Duty of Care + Breach of Duty + Causation + Damage = Tort of Negligence**. 4) Note that **intent is NOT an element of negligence** — a frequent SQE distractor. 5) Know that the modern tort of negligence was **established in Donoghue v Stevenson [1932]**; before 1932 there was no general tort of negligence except where an established duty (e.g. a professional duty) already existed. 6) The Scottish equivalent of tort is **delict** — useful context, but the SQE tests the law of **England and Wales**.