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Question: Alphie, a minor celebrity, was recently admitted to hospital following an accident in which he damaged his leg. Due to his shock, Alphie lost consciousness shortly after he was brought into the hospital. The doctor who examined him was very concerned, and called the surgeon who decided it was necessary to remove two of Alphie’s toes. When he woke therefore, Alphie was missing his toes and was particularly upset that he had not agreed to this.

During Alphie’s week long stay in hospital to recover, the man in the bed beside him, Jack, was very disruptive. Alphie found this increasingly irritating as he could not sleep. He told Jack to ‘pipe down’ but Jack insisted ‘I’ll do what I like’. At this point Alphie sat up in his bed and shouted, ‘you know, you are very lucky I can’t get up right now, or I swear I would bash your head in.’ In response, Jack, got up from his own bed and grabbing Alphie by the collar whispered menacingly in his face ‘just watch yourself boy, I can hurt you more easily than you can harm me.’ Alphie was left very shaken.

When Alphie’s friend Susan visited she offered to put a sleeping drug in Jack’s water. Alphie agreed and Susan drugged Jack’s water while he was in the bathroom. Seeing her opportunity, Susan also blocked the bathroom door with a hospital trolley, trapping Jack in. Jack was shut in the bathroom for almost 10 minutes, but because he was showering, a hospital porter moved the trolley before he tried to get out. Jack therefore never realised he was trapped. When he drank some water a few minutes later, Jack fell asleep and felt quite poorly when he woke up.

On leaving hospital, Alphie gave an interview to a press reporter. He told her all about his stay in hospital, and joked that he and Susan had ‘got their own back’ on Jack. Since he read this in the newspaper, Jack has suffered depression and nightmares for which he has needed medical treatment.

Advise Alphie and Jack of any claims they may have in tort.

Answer: A may have a claim in battery (the unlawful contact which is direct and intentional (or reckless)). There’s no minimum level of violence which the law will to accept and the force...

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Details: - Mark: 65% | Course: Tort Law | Year: 2nd/3rd | Words: 800 | References: No | Date written: November, 2016 | Date submitted: December 06, 2017 | Coursework ID: 1041

Question: Why is the right to sue in private nuisance now restricted to those who have a proprietary interest in the land affected? Do you agree with the rule?

Answer: Private nuisance is an unreasonable interference with another’s use or enjoyment of land. This interference may be deliberate or accidental, and there is no need for the claimant to prove negligence to...

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Details: - Mark: 65% | Course: Tort Law | Year: 2nd/3rd | Words: 555 | References: No | Date written: January, 2014 | Date submitted: April 01, 2016 | Coursework ID: 960

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: To what extent is the decision in Donoghue v Stevenson [1932] AC 562 still important to the duty of care in the law of negligence?

Answer: To address the value of Donoghue v Stevenson as precedent for the present-day duty of care, it should be explored what the state of the law was before the case, how it...

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Details: - Mark: 64% | Course: Tort Law | Year: 1st | Words: 1498 | References: Yes | Date written: December, 2016 | Date submitted: November 27, 2017 | Coursework ID: 1036

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

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