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Revision & Exam Strategy

Lecture L20 Capstone synthesis Reading: Horsey & Rackley ch 1; revisit lecture handouts

Snapshot — the exam plan

The unseen exam is 70% of the module and carries three questions. Part I is one compulsory problem on negligence; the negligence chain is therefore guaranteed and must be drilled to fluency. Part II asks you to choose two of three mixed problem and essay questions on the other torts. The strategic posture is asymmetric: full revision of negligence (L1–L12), plus readiness on at least two further torts from nuisance, occupiers', trespass, product liability, employers'/VL and remedies. Top answers turn on structural fluency and applied accuracy, not quantity of prose.

1. The exam plan

Three questions, three hours, no choice in Part I and a 2-of-3 choice in Part II. Marks are evenly distributed (~33% each). Two consequences follow. First, do not over-invest in any single answer; you cannot rescue a weak Part II by writing twice as much on Part I. Second, your second-best tort still has to be exam-ready — picking the wrong Part II question to answer is a common cause of low-2:1 outcomes.

The realistic 2:1+ minimum is: complete fluency on the negligence chain (L1–L12); two further torts you can run end-to-end on a problem question; and a settled essay-position on at least one topic (Fearn nuisance, VL post-Barclays/Morrisons, or scope-of-duty after Khan v Meadows are the live candidates).

In Part II the examiner chooses what to put on the paper, not you. If you have revised only one optional tort, you are gambling that that tort will appear in a form you can answer. Two prepared options cuts that risk roughly in half.

2. The negligence chain in one diagram

Every Part I problem is solved by walking the same six-step chain. Memorise the headings, then drill the leading authority at each step.

  1. Duty of care — established category? If yes, cite it. If novel, run Robinson incrementally, then Caparo. See Topic 2; omissions 4; public bodies 5; PEL 8; psychiatric 9.
  2. Breach — has D fallen below the reasonable-person standard? Apply risk factors (probability, gravity, utility, cost); for professionals, Bolam/Bolitho. See Topic 3.
  3. Factual causation — but-for (Barnett); material contribution (Bonnington); Fairchild in mesothelioma. See Topic 6.
  4. Remoteness — kind of damage foreseeable (Wagon Mound (No 1); Hughes)? Novus actus; eggshell-skull. Crucially, scope of duty (SAAMCO; Khan v Meadows [2021]). See Topic 7.
  5. Damage — is the loss recognised? PI and property are easy; PEL and psychiatric are gated. State the kind of damage before discussing duty.
  6. Defences — contributory negligence (LR(CN)A 1945); volenti; illegality (Patel v Mirza). See Topic 11. Then remedies — Topic 19.

For a worked walk-through and IRAC, see Topic 10 and the consolidation in Topic 12.

3. Skeleton answer for a Part I problem question

Structure first; prose second. Before drafting, write the six headings down the page. For each, decide in 30 seconds whether the element is contested or conceded. Spend your time on the contested ones.

  1. Issue identification. Who is suing whom, in what tort, for what kind of damage. Name each claimant–defendant pairing. Flag the kind of damage (PI, property, PEL, psychiatric) — it dictates which duty rules apply.
  2. Duty of care. Established category (road user, employer, manufacturer, doctor)? Cite it. If novel, run Robinson incrementally, then Caparo. For public bodies, layer the CN v Poole / HXA v Surrey assumption-of-responsibility analysis.
  3. Breach. State the standard (reasonable person in D's position). Apply two or three risk factors. For professionals, Bolam as filtered by Bolitho.
  4. Causation and remoteness. But-for; Bonnington material contribution; Fairchild in mesothelioma. Then foreseeability of kind, novus actus, and scope of duty (Khan v Meadows).
  5. Damage and quantification. Confirm the loss is a recognised head. Briefly canvass remedies — pecuniary vs non-pecuniary, mitigation.
  6. Defences and conclusion. Contributory negligence first, then volenti, then illegality. Close with a one-sentence advice tied to each claimant.

Sign-post ruthlessly. Every paragraph should open with a heading or topic sentence naming the element. Examiners read against a marking grid; structural transparency earns marks even where application is shaky.

4. Skeleton answer for a Part II problem question

Part II problems differ from Part I in one critical respect: the cause of action is not given to you. The first analytical move is to identify which tort the facts engage. After that the structure is similar — elements, application, defences, conclusion — but the elements and leading authorities change.

  1. Identify the cause of action. Look at the interest invaded. Land enjoyment? Private nuisance (Topic 14, Topic 15). Premises injury? Occupiers' liability (Topic 13). Bodily integrity by intentional contact? Trespass (Topic 16). Defective product? Product liability (Topic 17). Workplace harm? Employers' liability or VL (Topic 18). State the chosen tort and its source in one sentence.
  2. State the elements. Nuisance: standing, unlawful interference, reasonable user, defences. Occupiers': premises, lawful visitor or trespasser, common duty under OLA 1957 or modified duty under OLA 1984. Trespass: intention, directness, unlawful contact/apprehension/restraint. CPA 1987: producer, product, defect, damage. VL: relationship of (or akin to) employment plus close connection (Lister/Mohamud filtered by Morrisons [2020]).
  3. Apply each element to the facts — contested elements get prose, conceded ones a sentence.
  4. Defences and remedies. Tort-specific. Nuisance: prescription, statutory authority, public-benefit on remedy post-Coventry. Occupiers': warning notices, CRA 2015 exclusions. Trespass: consent, lawful authority. CPA: development-risks defence (s 4(1)(e)).
  5. Conclusion. One-sentence advice tied to the claimant.

Common error: importing the negligence framework wholesale. Trespass is not a negligence tort — no duty, breach or proof of damage required. Misframing a trespass claim as negligence is the single fastest way to lose marks in Part II.

5. Skeleton answer for a Part II essay question

Essay questions ask you to take a position on a doctrinal or policy claim and defend it with authority and analysis. The lecture handout's Rylands v Fletcher "progressively emasculated" prompt is the canonical shape: a contestable proposition inviting agree/disagree/partial.

  1. Introduction — state the rule and the position. One short paragraph: identify the doctrine, paraphrase the proposition, announce a thesis. E.g. "This essay argues that Fearn v Tate has restored, rather than expanded, the orthodox boundaries of private nuisance by reaffirming the reasonable-user test." Early thesis-statements signal structural control.
  2. Explain the rule. Set out the doctrine accurately. For Fearn: Tate Modern viewing-platform facts; substantial interference; reasonable user filtered through ordinary use of land; rejection of "common and ordinary" as free-standing safe harbour. Keep tight — the marker assumes you know the law and wants your analytical use of it.
  3. Explain the policy. Why the law takes that position. Bring in academic voices: Stevens on rights-based reasoning; Witting on assumption of responsibility; Stapleton on scope-of-duty (Khan v Meadows); Tofaris on omissions and public bodies. Cite at least two academics by name.
  4. Critique. Identify weaknesses, ambiguities, live controversies. Is the doctrine internally coherent? Does it generate the right incentives? Does it sit with corrective-justice or rights-based theory? Confident critique signals First-class engagement.
  5. Conclusion. Restate the thesis crisply; name an open question future cases must resolve; stop. Do not summarise; do not introduce new material.

An essay without academic engagement caps at a 2:1. Plan to drop two named secondary voices into every essay — even a single sentence each. "Stevens has argued..."; "Stapleton's account of scope of duty..."; "Witting suggests the courts should..."

6. The five most exam-likely questions in 2026

Educated guesses, based on which Supreme Court decisions are most recent and most obviously examinable. Treat these as drilled-skeleton candidates.

7. Examiner-pleaser cases — drop into any answer

Recent Supreme Court authority is the single most reliable mark-multiplier. The following are all post-2018 with direct curricular relevance. Cite the case and the proposition it stands for; examiners read it as evidence of currency and reading.

8. Time management for the 3-hour unseen

Three hours, three questions, evenly weighted. The natural allocation is fifty minutes per answer — but read the whole Part II section before committing to your two questions. Skim-reading the paper end-to-end at the start prevents the most expensive mistake: committing to question 2 because it looks easy, only to find at minute forty that question 3 was closer to your prepared material.

  1. Minutes 0–10 — read the paper. All three Part II questions and the Part I problem. Annotate. Choose your two Part II questions. Do not start writing.
  2. Minutes 10–15 — plan Part I. Bullet-point each claimant–defendant pairing; write the six negligence headings on the script.
  3. Minutes 15–55 — write Part I. Forty minutes of clean, signposted prose. Conclude before minute 55.
  4. Minutes 55–60 — plan Part II Q1.
  5. Minutes 60–105 — write Part II Q1.
  6. Minutes 105–110 — plan Part II Q2.
  7. Minutes 110–155 — write Part II Q2.
  8. Minutes 155–180 — proof and cross-check. Prioritise case-name spelling, conclusion sentences, any paragraph cut short.

Allocate ~5 minutes per question for planning and reserve 5–15 minutes at the end for a cross-check pass. Bad time discipline — 70 minutes on question one, 35 left for question three — is the commonest cause of mid-2:1 candidates slipping into the lower band.

9. Last-week revision plan

The seven days before the exam are not for learning new material; they are for consolidating, drilling structures and rehearsing application under timed conditions.

  1. Day −7: Negligence chain consolidation. Re-read Topic 12. Write the six-step skeleton from memory; drill the leading authority at each step. End with a 50-minute timed Part I attempt.
  2. Day −6: Duty edge cases. Omissions (L4), public bodies (L5), PEL (L8), psychiatric (L9). One-paragraph summary of when the duty arises in each. Flashcard Robinson, CN v Poole, HXA, Hedley Byrne, Alcock, Paul.
  3. Day −5: First Part II tort (strongest). If nuisance, re-read 14/15 and drill Fearn/Coventry. If occupiers', re-read Topic 13 and drill OLA 1957/1984 plus Tomlinson. End with a 45-minute timed problem.
  4. Day −4: Second Part II tort (back-up). Same drill; pick a tort that contrasts with day −5 (e.g. trespass or VL).
  5. Day −3: Essay rehearsal. Pick a predicted essay (Fearn, VL post-Barclays, scope-of-duty post-Khan v Meadows). 45 minutes, 5-minute plan, marked against thesis/academics/critique.
  6. Day −2: Causation, remoteness, defences, remedies. Re-read L6, L7, L11, L19. Drill Fairchild, Wagon Mound, Hughes, Khan v Meadows.
  7. Day −1: Light review and rest. Skim Topic 12 and the case list above. Pack the bag. Sleep early. No new material — marginal return is negative.

10. Final exam-day checklist