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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

Question: Are there objective standard problems relating to the law in tort?

Answer: In applying ‘objective standard’ the court takes little account of the personal characteristics of the defendant. Whether it is correct that a defendant can be held liable even though he or she...


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Details: - Mark: 63% | Course: Tort Law | Year: 1st | Words: 878 | References: Yes | Date written: Not available | Date submitted: July 08, 2009 | Coursework ID: 526

Question: “The standard practice defence allows too many careless professionals to avoid liability.” Discuss.

Answer: I will be exploring in this essay the manner in which professionals can avoid liability by using the defence of standard practice. There have been a lot of situations where by careless...


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Details: - Mark: 63% | Course: Tort Law | Year: 1st | Words: 2598 | References: Yes | Date written: April, 2004 | Date submitted: February 20, 2009 | Coursework ID: 440

Question: What is the difference between Libel and Slander? Evaluate the possible defences for libel action.

Answer: When we read newspapers or watch television, there are often stories about companies suing for either a libel or slander action. This is particularly common in the media industry. It is important...


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Details: - Mark: 63% | Course: Tort Law | Year: 1st | Words: 1225 | References: Yes | Date written: Not available | Date submitted: February 20, 2009 | Coursework ID: 438

Question: Consider the following cases: Bolton v. Stone; The Wagon Mound (No.2); Latimer v. AEC; Paris v. Stepney BC. How far did the judges in those cases rely on the type of analysis proposed by Hand J.? What results should follow from the application of that analysis, in your view?

Answer: In the tort of negligence in English law a person is assessed against the standard of the ordinary reasonable person. The standard of the ordinary reasonable person can be varied where respondents...


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Details: - Mark: 63% | Course: Tort Law | Year: 2nd/3rd | Words: 1730 | References: No | Date written: Not available | Date submitted: October 22, 2008 | Coursework ID: 186

Question: “Any breach of statutory duty should give rise to a cause of action in tort for any person who suffers injury, damage or loss as a consequence.”
Explain and evaluate this claim.

Answer: In this essay I will analyse and explain how statutory duties are breached, and clarify what happens as a result. In doing so I will also illustrate the cause of action for...


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Details: - Mark: 62% | Course: Tort Law | Year: 1st | Words: 969 | References: Yes | Date written: Not available | Date submitted: July 08, 2009 | Coursework ID: 525

Question: Duty of care – CASE STUDY On 1st April 2000, Drake a yachtsman was sailing off the coast of Devon, when he got into severe difficulties due to severe weather. Drake sent a radio message to the Devon Coastguard service........In the context of an appeal to the house of lords recommend a judgement on this case along side your legal argument and relevent case law.

Answer: My Lords, the most commonly adopted starting point, when the Court embarks upon the enquiry into whether a duty of care should be imposed, is the three stage Caparo test, derived from...


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Details: - Mark: 62% | Course: Tort Law | Year: 2nd/3rd | Words: 2424 | References: Yes | Date written: October, 2001 | Date submitted: February 20, 2009 | Coursework ID: 441

Question: Explain the criteria needed for a successful negligence action.

Answer: Negligence in law is a tort, which is a civil wrong and is one of the most important torts in modern law. Negligence is concerned with the breach of a legal duty...


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Details: - Mark: 62% | Course: Tort Law | Year: 1st | Words: 2375 | References: Yes | Date written: January, 2003 | Date submitted: October 22, 2008 | Coursework ID: 190


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