Documenti di Didattica
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LLB
DIPLOMA IN THE COMMON LAW
BSc DEGREES WITH LAW
Tort law
Permitted materials
None.
UL17/0552
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PART A
(b) Why does the author claim that the basis of the decision in the
House of Lords case of Hill v Chief Constable of West Yorkshire
(1988) has been misunderstood in subsequent cases and in
academic case commentary?
(c) Why do you think the UKSC struck out the claim in the case of
Michael insofar as it related to the common law of negligence but
allowed the claim under Article 2 of the ECHR to proceed?
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PART B
2. Tessa and Sasha are identical twin sisters, aged 28. As well as looking
exactly alike, they dress and act alike. They went to the same school
and studied at the same university. Only their career paths differed:
Tessa is a journalist, covering celebrity news on a well-known daily
newspaper and Sasha works as an academic in a University law school.
The sisters approach you for advice in relation to three issues:
Discuss the issues arising, taking into account any defences that might
be advanced.
3. “The operation of the Occupiers’ Liability Acts of 1957 and 1984 depends
on the claimant being able to establish a breach to the occupiers’ duty
of care.”
Discuss.
4. “There is little justification for the distinction drawn between primary and
secondary victims of nervous shock.”
Discuss.
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5. Liam has been employed as a physical education teacher for 30 years
at the same school, Perfect Academy. He has always taught pupils
between the ages of 13 and 16. Liam was dismissed from his
employment a year ago and has since been unable to secure
employment as a teacher.
Liam, who had just reached the early retirement threshold of 55 when he
was dismissed, invested 50% of his entire pension in Doonot Industries,
after scrutinising the audited accounts produced by Matt of ABC
Accountants. Significant errors were found in the audited accounts and
Liam lost his entire investment.
Advise Liam on whether he can recover his financial losses in the tort of
negligence.
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6. Jenny decided to celebrate her 40th birthday by, for the first time in her
life, joining a local gym, Step Up. The practice in Step Up is to devote
the first session – of one hour duration – to a health check-up, including
heart and blood pressure checks – and a session with one of the
personal trainers, who would demonstrate the equipment and draw up
an exercise routine to suit the gym member.
Saviour, the junior doctor in charge, was so anxious to deal with the
cardiac arrest that he completely forgot to deal with the muscle strain
problem. Unfortunately, the muscle injury was more serious than had
been thought and Jenny is now permanently disabled.
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8. Jo is a senior consultant in Easyjobs, a recruitment consultancy. All
senior consultants have sole occupancy offices and Jo was lucky to have
secured a large office on the ground floor, leading into a large paved
courtyard. Easyjobs had a strict policy against its consultants bringing
‘guests’ into offices. Jo had arranged a meeting with one of the firm’s
most lucrative clients, David, who had flown over from New York
especially for the meeting at which it was expected that Jo would secure
a one million pound contract. Unfortunately, Jo’s dog sitter was unwell
on the day in question and Jo was unable to find anyone to care for her
dog (Bob) whose aggressive behaviour demanded close attention. At
her wits end, Jo decided to bring Bob into the office, with the intention of
keeping him in the paved area during her meeting with David. The
meeting was progressing very well indeed when David caught a glimpse
of Bob. Being very fond of dogs, David rushed to the patio door and
opened it, whereupon Bob leapt on to David, pushing him over toward a
heavy glass table on which he struck his head and died instantly.
END OF PAPER
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