SQE1 Tort Law: Complete Guide

Candidates frequently lose marks on SQE1 Tort Law questions by jumping to breach analysis without first establishing duty of care — examiners test the full negligence framework systematically across every tort topic.

Explore This Topic

• Negligence: Duty, Breach, Causation and Remoteness
• Economic Loss and Negligent Misstatement
• Psychiatric Harm
• Occupiers' Liability
• Employers' Liability
• Vicarious Liability
• Private Nuisance
• Public Nuisance
• Rylands v Fletcher
• Defamation

What Is Tort Law?

Tort Law is the branch of civil law concerned with situations where one person's actions (or failures to act) cause loss or injury to another. Unlike contract law, there is no requirement for a pre-existing agreement between the parties. Instead, liability arises from duties imposed by law – most commonly the duty of care in negligence.

Within SQE1, Tort Law sits in FLK1 and carries significant exam weight. Questions test your ability to identify the correct legal principle, apply structured legal tests to a given set of facts, and reach the right conclusion about liability or available remedies. It also intersects with other subjects such as Contract Law, Professional Conduct and Dispute Resolution, making it a frequent source of cross-topic questions.

Core Areas Tested in SQE1

The following subtopics form the core of SQE1 Tort Law. Each is regularly examined and may appear on its own or combined with other areas of law.

Negligence

Negligence is the single largest area within Tort Law. Students must understand the four-stage test for establishing a negligence claim (duty, breach, causation, remoteness), the Caparo three-part test for establishing a duty of care in novel situations, the standard of care expected (the reasonable person test), and the rules on causation and remoteness of damage. Defences such as contributory negligence and voluntary assumption of risk also feature prominently. See Negligence: Duty, Breach, Causation and Remoteness for a detailed exploration.

Psychiatric Harm

Psychiatric harm covers claims for medically recognised psychiatric illness caused by the defendant's negligence. The distinction between primary victims (those in the zone of physical danger) and secondary victims (those who witness the event) is critical, as are the Alcock control mechanisms that restrict secondary victim claims. See Psychiatric Harm for a comprehensive guide.

Economic Loss and Negligent Misstatement

This area covers the rules restricting recovery for pure economic loss and the exceptions that apply, particularly negligent misstatement under the Hedley Byrne test. Students must understand when pure economic loss is recoverable and when it is not. See Economic Loss and Negligent Misstatement for detailed analysis.

Occupiers' Liability

This covers the duties owed by occupiers of premises to lawful visitors under the Occupiers' Liability Act 1957 and to trespassers under the Occupiers' Liability Act 1984. Candidates need to know the scope of each statute, the standard of care required and how the duty differs depending on the status of the entrant. Special provisions for child entrants and skilled visitors also feature prominently. See Occupiers' Liability for detailed guidance.

Employers' Liability

Employers' liability covers the personal, non-delegable duty owed by an employer to its employees to provide a safe working environment. The fourfold duty (competent staff, adequate plant and equipment, safe system of work, safe place of work) is central. Students must distinguish this from vicarious liability. See Employers' Liability for a full analysis.

Vicarious Liability

Vicarious liability makes an employer liable for torts committed by employees acting in the course of employment. Students must understand how to distinguish employees from independent contractors, what "in the course of employment" means using the close connection test, and how recent case law (Lister, Mohamud) has expanded the doctrine. See Vicarious Liability for detailed coverage.

Private Nuisance

Private nuisance concerns unreasonable interference with a person's use or enjoyment of land. Candidates are tested on who can sue and be sued, the factors the court considers when assessing reasonableness (including the character of the locality), and the available remedies including injunctions and damages. See Private Nuisance for comprehensive guidance.

Public Nuisance

Public nuisance sits at the boundary between criminal and civil law. It covers acts or omissions materially affecting the public, and individuals can sue only if they suffer 'special damage' beyond that suffered by the public generally. See Public Nuisance for detailed analysis.

Rylands v Fletcher

This strict liability tort applies where a person brings something onto their land that is likely to cause mischief if it escapes. Students need to know the elements of the claim (the thing, non-natural use, escape, foreseeable damage), how it relates to nuisance, and the recognised defences. See Rylands v Fletcher for full guidance.

Defamation

Defamation covers the publication of false statements that damage a person's reputation. SQE1 questions test the distinction between libel and slander, the requirements for establishing a claim under the Defamation Act 2013 (including the serious harm threshold), and the key statutory defences (truth, honest opinion, publication on a matter of public interest). See Defamation for detailed coverage.

Key Principles for SQE1

• The Overriding Objective: CPR r.1.1 underpins the entire civil justice system: dealing with cases justly and at proportionate cost.

• Pre-action Conduct: Parties must exchange information, consider ADR, and follow relevant protocols before issuing proceedings.

• Procedural Compliance: Strict time limits and procedural requirements govern every stage from issue through to enforcement.

• Costs Follow the Event: The general rule is that the unsuccessful party pays the successful party's costs, subject to the court's discretion.

Exam tip

Always start your analysis with the overriding objective — it justifies almost every procedural decision the court makes and is the lens through which examiners frame questions.

How This Appears in SQE1 Questions

This is a classic SQE1 trap.

Tort Law questions on SQE1 are scenario-based multiple-choice questions with five answer options (A–E). Each question presents a factual scenario and asks you to identify the correct legal outcome, the most appropriate advice to a client, or the principle that governs the situation.

The exam rewards application, not recall. You will rarely be asked to state a rule in the abstract. Instead, questions are designed to test whether you can work through a structured legal test – such as the elements of negligence – on a specific set of facts, and arrive at the correct conclusion. Distractors are carefully crafted to reflect common misunderstandings, so precision matters.

Key Frameworks and Principles

Negligence: The Foundation

Negligence is the gateway to Tort Law and the framework on which many other torts are built or distinguished. To establish negligence, the claimant must prove: (1) the defendant owed a duty of care (typically established using the Caparo three-part test for novel situations, or recognised automatically for established duty categories); (2) the defendant breached that duty by falling below the standard of care of the reasonable person; (3) the breach caused the claimant's damage (using the but-for test, or exceptionally the material contribution test); and (4) the damage was not too remote (the Wagon Mound test - the harm must be reasonably foreseeable).

Duty of Care: Caparo's Three-Stage Test

For novel situations, establish duty using Caparo Industries plc v Dickman [1990]: (1) Was harm reasonably foreseeable? (2) Was there sufficient proximity between the parties? (3) Is it fair, just, and reasonable to impose a duty? For established categories (e.g., doctor-patient, road users, employer-employee), duty is recognised automatically.

The Reasonable Person Standard

Breach is assessed by comparing the defendant's conduct to that of the reasonable person in the same circumstances. The standard is objective and flexible, taking account of factors such as: the likelihood of harm, the severity of potential harm, the cost and practicality of precautions, and the social utility of the defendant's activity.

Causation: But-For and Beyond

The but-for test asks: but for the defendant's breach, would the claimant have suffered the damage? This is the default test. Exceptional tests (material contribution, material increase in risk) apply only in special cases, particularly industrial disease claims where the but-for test produces injustice.

Remoteness: The Wagon Mound Rule

The defendant is liable only for damage of a type that was reasonably foreseeable at the time of the breach. The thin skull rule means the defendant is liable for the full extent of foreseeable harm, even if it manifests unexpectedly severely in a particular claimant.

Conclusion

Tort Law is a core SQE1 subject that tests your ability to apply structured legal tests to factual scenarios. Success depends on understanding the key frameworks – particularly negligence – knowing the boundaries between related torts, and being confident with defences and remedies. A practice-led revision approach will build the precision and speed you need on exam day.

Continue building your confidence with realistic SQE1 practice questions on ActusPrep.

How to Revise Tort Law Effectively

A structured, practice-led approach works best for SQE1 Tort Law revision:

Learn the legal tests as step-by-step frameworks — For negligence, be able to work through duty, breach, causation and remoteness in order, rather than trying to memorise long lists of case names.

Understand the boundaries between related torts — Knowing when a scenario falls under negligence rather than nuisance, or occupiers' liability rather than general negligence, is a common exam skill. Use the subtopic guides to explore key distinctions.

Focus on the areas where the law limits recovery — Pure economic loss, psychiatric harm, and Rylands v Fletcher are frequently tested because of the policy distinctions involved. These questions often turn on precise factual analysis.

Practise MCQs regularly — Tort Law questions often turn on fine factual distinctions, and repeated practice builds the pattern recognition you need on exam day.

Practising realistic questions is the best way to prepare. You can try the ActusPrep SQE1 demo or explore our practice question plans.

Common Mistakes Students Make

• Confusing overlapping torts — For example, applying negligence principles to a scenario that actually raises occupiers' liability, or treating a nuisance claim as if it were a Rylands v Fletcher claim. Use the subtopic guides to clarify when each tort applies.
• Misapplying causation rules — The "but for" test, material contribution and loss of chance each operate differently, and candidates frequently select the wrong analysis. Negligence guide covers this in detail.
• Underestimating defences — Contributory negligence and consent appear across multiple tort areas, and questions often hinge on whether a defence applies rather than on liability itself.
• Struggling with policy-driven restrictions — The rules on pure economic loss and secondary victim psychiatric harm are shaped by policy rather than logic, making them harder to predict without thorough study. The specialist guides address these.

Quick Summary

• Master the litigation timeline from pre-action through enforcement
• Know the key time limits at each stage
• Understand costs consequences, especially Part 36
• Apply the overriding objective to procedural decisions

Want to test this now? Try a few SQE1-style questions below before moving on.

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Practise Tort Law Questions for SQE1

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