Preparing for the 2026 Solicitors Qualifying Examination? This is your official test review podcast for the SQE brought to you by Young Central. Thirteen subject matters are broken down to ensure you can tackle every topic.
The principles of vicarious liability, which holds an employer responsible for the torts an employee commits due to their working relationship, even if the employer did not personally commit the wrongful act. The source clarifies that for vicarious liability to be established, the tortfeasor must be an employee, acting in the course of their employment, and the action must not be expressly prohibited. The document distinguishes between employees and non-employees, such as independent contractors and partners, noting that the modern judicial approach, exemplified in Various Claimants v Catholic Child Welfare Society, expands liability to relationships "akin to employment." Furthermore, the text explores the "close connection" test from the Lister Principle to determine employer liability, especially in cases of intentional wrongful acts, contrasting these with "frolic" cases where the employee acts outside the scope of employment. Finally, the text touches on the employer’s right to seek indemnity from the employee after paying damages and outlines the overall public policy purpose of vicarious liability, including ensuring victim compensation and encouraging employer safeguards.
1 Dec 2025
Tort Law II: Defences
A comprehensive overview of legal defences in tort law, primarily focusing on how a defendant can reduce or eliminate liability for harm caused. Volenti Non Fit Injuria is explained as a complete defence, applying when a person knowingly and willingly accepts a risk, with case examples demonstrating the required elements of knowledge and voluntary consent, particularly noting exceptions for employees and rescuers. The text also details Contributory Negligence, which functions as a partial defence where the claimant's failure to take reasonable care contributes to their own injuries, resulting in a proportional reduction of damages, as illustrated by the Law Reform (Contributory Negligence) Act 1945 and relevant case law on seatbelts and intoxicated drivers. Finally, the complete defence of Illegality (Ex Turpi Causa Non Oritur Actio) is covered, preventing a claimant from recovering damages when the injury is closely linked to their own criminal conduct, although courts sometimes limit its application based on public policy.
30 Nov 2025
Tort Law I: Negligence
A comprehensive look at the tort of negligence, particularly focusing on the establishment of a duty of care and the calculation of damages in personal injury and death claims. Multiple case summaries illustrate when a duty of care exists, such as an employer's non-delegable duty to provide a safe work environment, contrasting with situations where public bodies, like the police, generally do not owe a duty to individual citizens. The materials also explore the concept of remoteness of damage, applying the reasonable foreseeability test and the Egg-Shell Skull Rule to determine the extent of liability. Finally, the texts detail the principles of remedies, differentiating between pecuniary and non-pecuniary losses and explaining how courts calculate compensation for financial losses and dependency claims, particularly when applying the once and for all rule with exceptions like provisional and periodic payments. The principles regarding the non-recoverability of pure economic loss arising from negligent acts, contrasted with exceptions for negligent misstatements in a special relationship, are also clarified.
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