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100+ Free FE-1 Law of Torts Practice Questions

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2026 Statistics

Key Facts: FE-1 Law of Torts Exam

1 of 8

FE-1 Subjects

Law Society of Ireland

3 hours

Single Paper (3.5 hours online)

Law Society of Ireland

Answer 4 of 5

Essay/Problem Questions

Law Society of Ireland

50%

Pass Mark per Subject

Law Society of Ireland

~EUR 128

Fee per Subject (2026)

Law Society of Ireland

100+

Practice Questions Here

OpenExamPrep question bank

FE-1 Law of Torts is one of eight subjects in the Law Society of Ireland's FE-1 entrance examination for intending solicitors. It is assessed by a single three-hour paper (3.5 hours online) of five essay and problem questions, of which candidates answer four, with a 50% pass mark. The syllabus is Irish tort law, with negligence at its core: the Irish duty-of-care approach in Glencar Explorations (rather than the English Caparo test), breach and the standard of care, causation, remoteness, nervous shock (Kelly v Hennessy), and pure economic loss. It also covers occupiers' liability under the Occupiers' Liability Act 1995, employers' and vicarious liability, product liability under the Liability for Defective Products Act 1991, trespass, nuisance and Rylands v Fletcher, and defamation under the Defamation Act 2009 as amended (note the 2024/25 reforms, including the abolition of juries in High Court defamation actions). Defences and damages are governed by the Civil Liability Act 1961 (contributory negligence and apportionment) and the Personal Injuries Guidelines, with claims routed through the Injuries Resolution Board (formerly PIAB). The FE-1 is held twice yearly, each subject is sat individually, and all eight subjects must be passed within seven years of the first pass.

Sample FE-1 Law of Torts Practice Questions

Try these sample questions to test your FE-1 Law of Torts exam readiness. Each question includes a detailed explanation. Start the interactive quiz above for the full 100+ question experience with AI tutoring.

1In the Supreme Court decision in Glencar Explorations plc v Mayo County Council (No. 2) [2002] 1 ILRM 481, what did the court identify as the necessary ingredients of a duty of care in negligence in Irish law?
A.Foreseeability of damage, a relationship of proximity, and that it is fair, just and reasonable to impose a duty of the given scope
B.Reasonable foreseeability of harm alone, following the broad neighbour principle in Donoghue v Stevenson
C.A two-stage test of foreseeability followed by policy reasons negativing the duty, as in Anns v Merton
D.Foreseeability and proximity only, with public policy never being a relevant consideration
Explanation: In Glencar (No. 2), Keane CJ endorsed a three-element approach: in addition to reasonable foreseeability there must be a relationship of proximity, and the court must consider it fair, just and reasonable to impose a duty of the given scope. This effectively aligned Irish law with the Caparo approach and moved away from the expansive Anns two-stage test.
2A County Council unlawfully imposes a mining ban that destroys a plaintiff's commercial venture. The ban is later found to be ultra vires. On the authority of Glencar, what is the most likely outcome of a negligence claim against the Council for the resulting economic loss?
A.The plaintiff recovers automatically because the Council's act was ultra vires
B.The plaintiff fails because illegality of the administrative act does not, by itself, create a private law duty of care sounding in damages
C.The plaintiff recovers because economic loss is always recoverable against public authorities
D.The plaintiff recovers only if the Council acted maliciously
Explanation: In Glencar the Supreme Court held that even though the mining ban was ultra vires, the plaintiffs failed to establish any actionable wrong entitling them to damages. The unlawfulness of a public authority's decision does not in itself give rise to a private law duty of care; proximity and the fair, just and reasonable test must still be satisfied.
3Which formulation best states the standard of care applied when assessing breach of duty in Irish negligence law?
A.The defendant must guarantee the plaintiff's safety against all foreseeable risks
B.The defendant is liable only where the conduct was reckless or intentional
C.The defendant must act as a reasonable and prudent person would in the circumstances, weighing the probability and gravity of harm against the cost of precautions
D.The defendant is judged by their own subjective belief about what was reasonable
Explanation: Breach is measured against the objective standard of the reasonable person, balancing the probability and gravity of the foreseeable harm against the social utility of the conduct and the cost of avoiding the risk. This calculus reflects the approach in cases such as Bolton v Stone and was applied by the Irish courts (e.g. O'Gorman v Ritz).
4A junior hospital doctor administers treatment that an experienced consultant would have recognised as inappropriate. By what standard is the junior doctor's conduct judged in an Irish medical negligence action?
A.No standard, because junior doctors are immune from negligence claims
B.The standard the junior doctor personally believed to be adequate given their inexperience
C.The standard of the most eminent specialist in the field
D.The standard of a reasonably competent doctor holding the post in question, not the lower standard of an inexperienced beginner
Explanation: A professional is judged by the standard of the reasonably competent member of that profession occupying the relevant post; inexperience is no defence. In Ireland the test for medical negligence derives from Dunne v National Maternity Hospital, requiring proof that no professional of equal status acting with ordinary care would have acted as the defendant did.
5Which Irish Supreme Court decision sets out the test for medical negligence, holding that a doctor is negligent only where no medical practitioner of equal specialist or general status, acting with ordinary care, would have followed the same course?
A.Kelly v Hennessy
B.Sinnott v Quinnsworth
C.Byrne v Ryan
D.Dunne (an infant) v National Maternity Hospital
Explanation: Dunne v National Maternity Hospital [1989] IR 91 established the Irish test for medical negligence, including the principle that a deviation from general and approved practice is required, and that a practitioner is not negligent merely for following a practice that other competent practitioners would also follow. It is the leading Irish authority on professional medical standard of care.
6A factory's negligence exposes a worker to a toxin, but the worker would have developed the same illness anyway from an unrelated genetic condition. Which element of the negligence action is most directly fatal to the worker's claim?
A.Duty of care
B.Breach of duty
C.Factual causation (the 'but for' test)
D.Remoteness of damage
Explanation: Factual causation is tested by asking whether, but for the defendant's negligence, the harm would have occurred. If the worker would have developed the illness anyway, the negligence is not a but-for cause and the claim fails on causation regardless of duty and breach.
7In a negligence claim, what does the requirement of 'remoteness of damage' (legal causation) primarily concern?
A.Whether the defendant owed the plaintiff a duty of care
B.Whether the kind of damage suffered was a reasonably foreseeable consequence of the breach
C.Whether the plaintiff contributed to the loss through their own carelessness
D.Whether the defendant intended to cause the harm
Explanation: Following The Wagon Mound (No. 1), recoverable damage is limited to harm of a kind that was reasonably foreseeable as a consequence of the breach. Remoteness asks whether the type of harm, not its precise extent or manner, was foreseeable, and is distinct from factual causation.
8A negligent driver injures a plaintiff who, unknown to anyone, has an unusually thin skull, causing far greater injury than expected. How does the law treat the defendant's liability for the full extent of the injury?
A.The defendant must take the victim as found and is liable for the full extent of the injury (the 'eggshell skull' rule)
B.Liability is limited to the injury a normal person would have suffered
C.Liability is wholly excluded because the extent of harm was unforeseeable
D.Liability is reduced by 50% to reflect the victim's predisposition
Explanation: Under the eggshell (thin) skull rule, a tortfeasor takes the victim as found. Provided some personal injury of the relevant kind was foreseeable, the defendant is liable for the full extent of the harm even if a peculiar susceptibility makes it far greater than expected.
9Which of the following is a settled requirement for recovery in a nervous shock (psychiatric injury) claim under the Irish test in Kelly v Hennessy [1995] 3 IR 253?
A.The plaintiff must have suffered some physical impact in the accident
B.The plaintiff must always have witnessed the accident with their own unaided senses
C.The plaintiff must establish a recognisable psychiatric illness, not mere grief or upset
D.The plaintiff must be a spouse or parent of the primary victim
Explanation: Kelly v Hennessy requires, among other things, that the plaintiff prove a recognisable psychiatric illness that was shock-induced. Ordinary grief, sorrow or distress that does not amount to a recognised psychiatric condition is not actionable as nervous shock.
10In Kelly v Hennessy, the plaintiff was not present at the road accident but suffered post-traumatic stress disorder after being told of it and seeing her injured family members in hospital. What does this establish about the 'immediate aftermath' in Irish nervous shock law?
A.Shock caused by the immediate aftermath, including seeing injured relatives shortly afterwards, can satisfy the test
B.A plaintiff can never recover unless physically present at the moment of the accident
C.Recovery is barred where the plaintiff learns of the event from a third party
D.Only emergency rescuers may recover for psychiatric harm
Explanation: The Supreme Court in Kelly v Hennessy allowed recovery where the plaintiff's PTSD was induced by the shock of learning of the accident and witnessing the distressing aftermath when she saw her injured husband and children in hospital. Perception of the immediate aftermath can therefore satisfy the proximity requirement.

About the FE-1 Law of Torts Exam

FE-1 Law of Torts is one of the eight subjects of the Final Examination - First Part (FE-1), the entrance examination administered by the Law Society of Ireland for entry to the solicitors' profession. It is examined by a single three-hour paper (3.5 hours for the online sitting) containing five essay and problem questions, of which candidates must answer four, with a pass mark of 50%. The subject covers Irish tort law: negligence (the Irish duty-of-care approach in Glencar Explorations, breach, causation, remoteness, nervous shock, and economic loss), occupiers' liability under the Occupiers' Liability Act 1995, employers' and vicarious liability, product liability under the Liability for Defective Products Act 1991, trespass, nuisance and the rule in Rylands v Fletcher, defamation under the Defamation Act 2009 as amended, and defences and damages under the Civil Liability Act 1961 and the Personal Injuries Guidelines. The examination is held twice each year, in Spring (around March) and Autumn (around October), and each subject is sat individually.

Assessment

Question count not published by the exam provider

Time Limit

3 hours (3.5 hours online)

Passing Score

50% per subject

Exam Fee

EUR 128 per subject (2026; recheck EUR 154) (Law Society of Ireland)

FE-1 Law of Torts Exam Content Outline

26%

Negligence

The Irish duty-of-care approach in Glencar Explorations v Mayo County Council (foreseeability, proximity, and the just-and-reasonable / countervailing public-policy considerations), breach and the reasonable-person standard, factual and legal causation, remoteness, recovery for nervous shock under Kelly v Hennessy, and the limits on pure economic loss

18%

Occupiers' & Employers'/Vicarious Liability

The statutory duties owed to visitors, recreational users, and trespassers under the Occupiers' Liability Act 1995, the employer's non-delegable personal duty to provide competent staff, safe plant, and a safe system of work, and vicarious liability for the torts of employees committed in the course of employment

10%

Product Liability

Liability in negligence for defective products on Donoghue v Stevenson principles and the strict-liability regime under the Liability for Defective Products Act 1991, including the definition of a producer and a defect, the damage recoverable, and defences such as the development-risks defence

16%

Trespass, Nuisance & Rylands v Fletcher

Trespass to the person (assault, battery, and false imprisonment), trespass to land and goods, private nuisance and the unreasonable interference with the use and enjoyment of land, public nuisance, and the rule in Rylands v Fletcher governing the escape of a dangerous thing from a non-natural use of land

14%

Defamation

Liability under the Defamation Act 2009 as amended, the single tort of defamation, publication and the meaning of a defamatory statement, the defences (truth, honest opinion, qualified and absolute privilege, and fair and reasonable publication), and remedies, including the 2024/25 reforms such as the abolition of juries in High Court defamation actions

16%

Defences & Damages

General defences including contributory negligence and the apportionment of liability under the Civil Liability Act 1961, voluntary assumption of risk (volenti) and illegality, the concurrent wrongdoers provisions, and the assessment of personal injury damages under the Personal Injuries Guidelines and the role of the Injuries Resolution Board (formerly the Personal Injuries Assessment Board)

How to Pass the FE-1 Law of Torts Exam

What You Need to Know

  • Passing score: 50% per subject
  • Assessment: Question count not published by the exam provider
  • Time limit: 3 hours (3.5 hours online)
  • Exam fee: EUR 128 per subject (2026; recheck EUR 154)

Keys to Passing

  • Work through all 100 available questions
  • Review every answer and explanation
  • Track weak areas and revisit them
  • Use our AI tutor for tough concepts

FE-1 Law of Torts Study Tips from Top Performers

1Frame every negligence problem in Irish terms using Glencar Explorations for the duty of care - do not default to the English Caparo test, because the Irish position with its just-and-reasonable / public-policy step is what the FE-1 examiner expects
2Learn the Kelly v Hennessy criteria for nervous shock (recognisable psychiatric injury, caused by shock, arising from a sudden event, and proximity), as a nervous-shock claimant frequently appears within a wider accident problem
3Keep the Occupiers' Liability Act 1995 categories distinct - visitor, recreational user, and trespasser each attract a different duty - and apply the correct standard to the facts
4Track the Defamation Act 2009 amendments of 2024/25, especially the abolition of High Court juries, so your defamation answer reflects the current law rather than the original 2009 scheme
5For damages and defences, link the Civil Liability Act 1961 apportionment for contributory negligence to the Personal Injuries Guidelines and the Injuries Resolution Board (formerly PIAB) pre-litigation step
6Answer four full questions in three hours under timed conditions using the Law Society's past papers, and practise issue-spotting in multi-tort problems that mix negligence, occupiers' liability, and a defence

Frequently Asked Questions

What is the format of the FE-1 Law of Torts exam?

FE-1 Law of Torts is examined by a single three-hour paper (3.5 hours for the online sitting) made up of five essay and problem questions. Candidates must answer four of the five. There are no multiple-choice questions - each answer is a full written essay or a worked analysis of a fact-based problem, and the pass mark is 50%.

How does FE-1 Torts fit into becoming a solicitor in Ireland?

FE-1 (the Final Examination - First Part) is the entrance examination for the solicitors' profession in Ireland, administered by the Law Society of Ireland. There are eight subjects in total, of which the Law of Torts is one, and each is sat individually. All eight must be passed within seven years of the first pass before a candidate can take up a training contract and the Professional Practice Course.

How does the Irish duty-of-care test in FE-1 Torts differ from Caparo?

The leading Irish authority is Glencar Explorations v Mayo County Council, where the Supreme Court adopted a test of foreseeability and proximity together with a separate inquiry into whether it is just and reasonable to impose a duty, allowing countervailing public-policy considerations to negate a duty. While it resembles the English Caparo approach, candidates should frame the duty analysis in Irish terms using Glencar.

What does the FE-1 Torts syllabus cover?

The syllabus covers negligence (duty, breach, causation, remoteness, nervous shock, and economic loss), occupiers' liability under the Occupiers' Liability Act 1995, employers' and vicarious liability, product liability under the Liability for Defective Products Act 1991, trespass, nuisance and Rylands v Fletcher, defamation under the Defamation Act 2009 as amended, and defences and damages under the Civil Liability Act 1961 and the Personal Injuries Guidelines.

What recent reforms affect the defamation topic in FE-1 Torts?

Defamation in Ireland is governed by the Defamation Act 2009, which has been the subject of significant reform in 2024/25, most notably the abolition of juries in High Court defamation actions and changes aimed at addressing SLAPP-type proceedings and serial litigation. Candidates should be alert to these amendments and check the current state of the legislation, as the examiner expects an up-to-date treatment.

How are personal injury damages assessed for FE-1 Torts?

Personal injury damages in Ireland are assessed by reference to the Personal Injuries Guidelines adopted by the Judicial Council, which replaced the earlier Book of Quantum. Most personal injury claims must first be submitted to the Injuries Resolution Board (formerly the Personal Injuries Assessment Board, PIAB) before litigation, and apportionment for contributory negligence is governed by the Civil Liability Act 1961.