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Tort Law

Question: “A company should always be liable for the acts of its employee if a tort is committed by the employee while at work”

Explain the validity of this statement with reference to case law.

Answer: Vicarious Liability is a situation where a person is liable for torts committed by a third party to the claimant. This does not mean that the third party involved is not liable,...


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Details: - Mark: 65% | Course: Tort Law | Year: 2nd/3rd | Words: 815 | References: No | Date written: January, 2014 | Date submitted: April 01, 2016 | Coursework ID: 959

Question: Thomas is cycling to work early one morning when he is knocked down by William, a speeding motorist.

As a direct result of the serious head injuries that he sustains in the accident, he undergoes a dramatic personality change, turning from a quiet and mild-mannered man into an angry and aggressive thug.

One night, 6 months after the accident, Thomas and his wife Angie have a heated argument, during which time she tells him that she has decided to leave him. In a state of fury, he strikes her and immediately storms out of the house and hijacks the first car that he sees on the road.

He pulls Joey, the terrified owner out of the car and drives off at speed. Joey’s had just been involved in a street race and, at the time of the hijacking, his car was being tracked by a police helicopter. Within minutes of driving off in Joey’s car, Thomas hears police sirens behind him, and he starts to drive recklessly through a busy residential area. With the police in hot pursuit, he continues on in this manner for a further 5 miles, before he finally loses control at a roundabout and crashes into a crowded bus shelter. Lucy and Mena, who were standing at the bus shelter, suffer fatal injuries.

Later that night, while under police guard at the local hospital, where he is being treated for minor injuries, Desmond sneaks off to the toilet and hangs himself with the cord from his dressing gown. His body is not discovered for several hours.

Discuss the rights and liabilities in tort of each of the parties involved.

Answer: T will be suing W in the tort of negligence with regards to W’s reckless driving on the basis of possible assault and battery, psychiatric damage due to the head injury sustained...


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Details: - Mark: 65% | Course: Tort Law | Year: 1st | Words: 2618 | References: Yes | Date written: February, 2009 | Date submitted: September 27, 2010 | Coursework ID: 618

Question: “The English Law on when damages can be claimed for psychiatric harm is largely incoherent. The best solution would be either to abolish the right to make such claims altogether or to remove the inconsistencies in the current law.” Discuss.

Answer: The English law’s approach to the notion of psychiatric harm, often derogatorily named nervous shock, has tried to find its way in between two diametrically opposite views. On the one hand it...


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Details: - Mark: 65% | Course: Tort Law | Year: 2nd/3rd | Words: 2152 | References: Yes | Date written: March, 2004 | Date submitted: February 20, 2009 | Coursework ID: 439

Question: Explain and define the concept of “duty of care”. Can it adequately distinguish situations which should give rise to liability from those which should not?

Answer: Lord Atkins in the case of Donoghue v. Stevenson was the first to extract and apply a general duty of care in the tort of Negligence because this was a general duty...


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Details: - Mark: 64% | Course: Tort Law | Year: 2nd/3rd | Words: 2008 | References: No | Date written: Not available | Date submitted: February 20, 2009 | Coursework ID: 437

Question: “[For] …a man to vindicate his reputation against calumny, has …to be accommodated to the competing public interest in permitting men to communicate frankly and freely with one another…” Assess the cogency of this statement.

Answer: In the mid to late nineteenth century, the courts, through the development of the tort of deceit, treated intentionally caused pure economic loss as, in principle, actionable. In Derry v. Peek ,...


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Details: - Mark: 64% | Course: Tort Law | Year: 2nd/3rd | Words: 1620 | References: Yes | Date written: May, 1998 | Date submitted: February 15, 2009 | Coursework ID: 211

Question: "The tort of negligence is quite young by the standards of the common law, but it has thrived so mightily and grown so lusty that one could be forgiven for wondering whether there was any room left for any other tort at all. Negligence is always trying to edge out the other torts in the hope of elevating into a completely general and comprehensive principle its own proposition that it is actionable unreasonably to cause foreseeable harm to another."
(Tony Weir, A Casebook on Tort) Discuss the accuracy of this statement.

Answer: A tort first of all is basically a civil wrong where it is the job of the law of tort to “differentiate between the various kinds of interests for which individuals may...


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Details: - Mark: 64% | Course: Tort Law | Year: 2nd/3rd | Words: 1908 | References: No | Date written: Not available | Date submitted: October 22, 2008 | Coursework ID: 189

Question: Mumbridge plc is a pharmaceutical company manufacturing a range of pharmaceutical products including Zaba, a pill, which is sold to University lecturers to boost their energy levels. The Zaba is sold exclusively via a chain of chemists shops Tilalot Ltd. Tilalot is a wholly owned subsidiary of Mumbridge plc. James a lecturer has purchased the Zaba from the Cambridge branch of Tilalot Ltd and used it according to the instructions on the packet for 12 months. James likes to drink al least five cups of coffee a day. He recently suffered a nervous breakdown and is not expected to make a full recovery. Newly published research has shown that the Zaba can cause depression if taken by someone drinking more than four cups of coffee a day. Explain the three elements of the tort of negligence and advise Mumbridge plc whether it is likely to be liable to compensate James who claims the company has been negligent.

Answer: A tort can be defined as a civil wrong. This means that it is a wrong behaviour that causes harm to a person, his property, reputation and trade. It is based on...


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Details: - Mark: 64% | Course: Tort Law | Year: 2nd/3rd | Words: 2506 | References: Yes | Date written: February, 2001 | Date submitted: October 22, 2008 | Coursework ID: 188

Question: From Beswick v. Beswick [1968] AC 58 to White v. Jones [1995] 1 All ER 691 the judges have valiantly tried to avoid the doctrine of privity where justice has demanded that a remedy be granted. The Contracts (Rights of Third Parties) Bill currently before Parliament is long overdue. Discuss.

Answer: For many years, both lawyers and academics have regularly attacked the application of the rule of privity in English contract law. Nevertheless, although recommendations to change the law were made before the...


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Details: - Mark: 64% | Course: Tort Law | Year: 2nd/3rd | Words: 2881 | References: Yes | Date written: Not available | Date submitted: October 22, 2008 | Coursework ID: 185

Question: Mr Boss owns Slow Railways and in January 2005 he decided to have a new station built. The station was to be on the outskirts of Presford.
Presford is a town in a valley and access to the town was very difficult. There was a single road, which provided the entry and exit route. The railway engineers decided to build the railway alongside the road. They decide to put the station at the roadside so that railway customers could reach the station easily. The railway used its own builders Bob and Wendy Scoop..........In order to advise the claimants the following aspects of law of tort must be considered, what is tort, negligence and what are the elements, nervous shock, economic loss and vicarious liability.

Answer: Tort is a civil wrong and liability is not undertaken voluntary but imposed by courts based on fault. Negligence as a tort is defined as “negligence is the breach of a legal...


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Details: - Mark: 64% | Course: Tort Law | Year: 2nd/3rd | Words: 2733 | References: Yes | Date written: Not available | Date submitted: October 13, 2008 | Coursework ID: 51

Question: One of the primary purposes of law is said to be the compensation of the claimant. However, ignoring issues of access to justice, the fact is that some claimants are compensated and others are not, even where the harm suffered is similar’.

Using suitable examples:
a) critically consider the strength of this argument and explain:

b) how such distinctions have been justified; and

c) explain your conclusions as to the validity of these justifications.

Answer: ‘Tortious liability arises from the breach of a duty primarily fixed by law; this duty is towards persons generally and its breach is redressible by an action for unliquidated damages’ – a...


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Details: - Mark: 63% | Course: Tort Law | Year: 1st | Words: 1955 | References: Yes | Date written: Not available | Date submitted: July 08, 2009 | Coursework ID: 527


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