Tort Law: Assessment
Key Info
DEADLINE: 13th January 2026 (20th with extension)
problem based question
word count: 2,500 words
focus on negligence (use the flowchart!)
content should be accurate and relevant (irrelvant content won’t get you marks)
Essay Structure
Introduction
STATE - the main legal issues raised by the question
IDENTIFY - the key parties
SIGNPOST - how will your answer be structured AND the prupose of advice
Main Body
EXPLAIN & APPLY (IRAC)
state the issues in the problem
articulate the relevant rules or principles applicable to each question
discuss and critically analyse how relevant rules apply to the facts of the problem
conclude on the torts between these parties, and advice on the issues
negligence wiil feature HEAVILY (other torts will be present)
Conclusion
Main Body: Using IRAC
Issue
Examine the facts and determine what is in dispute or controversy.
Formulate the issue statement as a clear, concise question.
Connect the issue statement to relevant facts
Examples of Sentence Starters
“The issue is whether…”
“The question is whether…”
“We must determine whether…”
Rules
to write an effective rule consider the following:
Elements
Definitions
Exceptions to the general rule
Limitations to the rule
Defences, as applicable
follow a hierarchy of concepts by moving from the general to the specific, defining each legal term, providing context by explaining how the rule
relates to the specific legal problem, and considering the consequences of applying
the rule to the situationthis will lead you to consider what the application of the rule means to the scenario and its effects. By so doing, this will help transition to application and analysis
Application
note all relevant details, parties involved and any circumstances that may
impact the legal analysis. To conduct an application effectively, you should do the
followingsystematically analyse how the facts align with or deviate from each legal
issue's legal principles or rules.consider favourable and unfavourable facts, acknowledging any ambiguities
or uncertainties in the facts and discussing how these might impact the legal
analysis.connect each element or factor in the rule to the relevant facts using
"because." This connection between rule and fact is crucial for a
comprehensive analysisaddressing potential counterarguments or alternative interpretations of the
facts is also importantreflecting on the policy considerations and implications of different legal outcomes is essential
weigh the legal arguments on both sides of the issue (‘critical application’), this demonstrates an awareness of opposing arguments and explains which interpretation or outcome is more persuasive based on the legal principles, facts, and policy considerations
Conclusion
where you provide a clear answer to the issue you identified at
the beginning of the analysis. Your conclusion should be logical, based on your
analysis, and directly address the issue. This is where you advise parties on their
respective liability and the strengths and weaknesses of their claim or defence
Example Conclusion
"In conclusion, based on the application of the principles of negligence law to the
specific facts of this case, it is evident that the defendant's actions constitute
negligence. The defendant owed a duty of care and breached that duty by failing to
stop at a red light, and this breach was the direct cause of the plaintiff's injuries.
Therefore, the defendant can be liable for negligence under UK law.”
Tips for Higher Grades
focus on APPLICATION & CONLUSION
critical application and counterarguments only where necessary
conclude with clarity and precison making cautious use of language (e.g., may might, possibly, potentially etc.)
Tort of Negligence
Modern Test: Capro 2 Stage Test
find a case that applies directly/analogously
find a relevant case in English case law
move onto Stage 2 if no such duty exists
additional/alternative rules apply in ‘duty problem’ areas like psychiatric harm or public bodies