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Practice questions 245

Essential points

n Liability in contract is generally strict, liability in tort is almost always based on fault.

n In order to establish the tort of negligence, a claimant must prove that:

(a) the defendant owed him or her a duty of care;

(b) the defendant breached this duty; and

(c) a foreseeable type of loss or damage resulted from the breach of duty.

n Contributory negligence by the claimant can reduce the claimant’s damages.

n It is a complete defence for the defendant to prove that the claimant was injured by a
risk which he or she freely and voluntarily chose to accept.

n A defendant can become liable for a negligent misstatement which caused the
claimant to suffer loss, even if the loss suffered was purely economic loss.

n Occupiers of premises owe a duty of care to all lawful visitors, and a separate duty of
care to trespassers.

n The Consumer Protection Act Part I imposes on manufacturers strict civil liability for
injuries caused by unsafe products which they manufactured.

Practice questions

1 Alan was walking along the pavement when an HGV lorry reversed out of Bodgit Ltd’s
premises and ran him over. The lorry was being driven by the managing director of Bodgit
Ltd, Billy. Billy did not have a licence to drive HGV vehicles. He was driving the lorry in order
to free up a car parking space and did not realise that it was in reverse gear. Alan suffered
two broken legs and concussion. His injuries kept him off work for two months. Advise Alan
of his legal position.

Who can sue?

Who is liable?

What must

be proved?

Type of

liability

Defences

Negligence

A person suffering loss or

injury

Person who was

negligent

(i) Duty of care owed

(ii) Duty breached

(iii) Causing a foreseeable

type of loss/injury

Fault based

Volenti non fit injuria.

Contributory negligence.

Exclusion of liability for

loss other than personal

injury, subject to UCTA

1977 requirement of

reasonableness

Contract

The contracting party or a

person within CRTPA 1999

Other party to the contract

Breach of any term, express

or implied, statutory or

common law

Strict if goods supplied. Fault

based if service supplied,

unless result guaranteed

Term not breached.

Exclusion clause, subject to

UCTA 1977

CPA 1987

A person suffering loss or

injury

Manufacturer, own-brander

or importer into EU

Injury, or property damage

over £275, caused by

unsafe product

Strict

Contributory negligence.

Five narrow, specific

statutory defences

Table 8.1 Liability in contract, in negligence and under CPA 1987