SQE Tort

The SQE Tort assessment focuses on your ability to apply core legal principles and rules to realistic client-based and ethical problems. This assessment measures the practical skills and knowledge expected of a newly qualified solicitor dealing with tort law issues.

Negligence is a fundamental area of tort law, and you must demonstrate a thorough understanding of the duty of care, breach of duty, causation, and damage. You are required to apply these principles to determine whether a defendant has been negligent and to advise clients on potential claims or defences. Understanding how to establish or contest negligence is a critical part of the assessment.

You need to know the remedies available to claimants in tort cases, particularly damages for loss or injury. You must also be able to advise on possible defences, such as contributory negligence, consent, and illegality. The ability to balance liability with appropriate remedies or defences is crucial in providing sound legal advice.

This area assesses a your understanding of the duties owed by occupiers of land to lawful visitors and, in some cases, trespassers under the Occupiers' Liability Acts 1957 and 1984. You must know how to advise clients on liability arising from injuries sustained on your property and the possible defences occupiers might raise.

You must be familiar with the law governing liability for defective products, particularly under the Consumer Protection Act 1987 and common law negligence. The ability to assess whether a product defect caused harm and to advise on potential claims is a significant focus of this part of the assessment.

You are tested on your knowledge of private and public nuisance, as well as the rule in Rylands v Fletcher, which imposes strict liability for the escape of dangerous substances. You must be able to apply these principles to advise clients on liability and remedies for interference with the use or enjoyment of land.

Throughout the assessment, you must act with integrity and honesty in accordance with the Statement of Solicitor Competence, the SRA Principles, and the Code of Conduct. Ethical decision-making and professionalism are essential, as you are expected to handle client issues competently and with adherence to legal and ethical standards.

The SQE Tort assessment may involve questions that integrate various aspects of tort law, requiring you to apply your knowledge across multiple areas. The ability to effectively navigate these complex issues is a key component of the assessment.
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