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Question: “The tortious burden placed on the employer is an unfair one.”
Discuss.

2nd Year Undergraduate LLB
Law of Obligation II (Tort)
Mark Received: 2.1

Answer: The law on employer’s liability has developed drastically from a low standard of duty owed to the employee during the beginning of the Industrial Revolution, to now a ‘dual liability system’ where...


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Details: - Mark: Not available | Course: Tort Law | Year: 2nd/3rd | Words: 1550 | References: Yes | Date written: February, 2014 | Date submitted: March 31, 2014 | Coursework ID: 844

Question: Problem Question: Jock has bought a new motorcycle, a 1,450cc Harley Davidson, having traded in his 50cc scooter, and decides to go and show his friend, Julia. She is very impressed with the large and shiny bike and asks for a ride, but unfortunately, neither she nor Jock have a crash helmet for her; she is insistent, and Jock finally gives in and, against his better judgement, agrees to let her ride pillion.

Once on the road, however, he starts to speed up and is oblivious to her asking him to slow
down as the wind makes it difficult to hear her. They reach a stretch of road where there are a lot of trees and bends, but Jock does not slow down as they come round a blind bend at
Cotterell Farm, where the farmer, Mr Cotterell, is crossing the road with his small
grandson, Nick.

Jock hits the brakes, swerves, and misses them, but crashes through the drystone wall. Julia
is thrown from the bike and suffers severe head injuries and bruising to the body, Jock is
only bruised. Mr Cotterell and Nick were unhurt, however Mrs Cotterell rushes out of the
farmhouse, sees the bike and runs towards it, thinking her grandson and husband have been
injured. As she crosses the road without stopping to look, a car, being driven at nearly 70
mph by Penny, swerves but cannot avoid her and she is killed instantly. Penny's car runs
into a wall, is badly damaged and she suffers a broken arm.

Advise the different parties as to their tortious liabilities.

Answer: The law of negligence is a tort which generally exists to provide compensation if someone is harmed by another person’s wrongful act or omission. The preliminary criteria still used today was established...


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Details: - Mark: Not available | Course: Tort Law | Year: 2nd/3rd | Words: 4028 | References: Yes | Date written: December, 2005 | Date submitted: February 22, 2014 | Coursework ID: 840

Question: CASE STUDY:The Northwood council has run an adventure for young adolescent for many years. The centre includes a go-kart racetrack. About a year ago several house were built adjacent to the centre and the residents of these houses now complain of the noise from the race track. One resident George claims that the noise is particularly troublesome having worked in a noisy environment for many years.

Advise the residence, including George of any remedies available to them.

Answer: There are several issues in this question. First, whether noise would constitute a nuisance. Secondly, what is the possible defence available for the defendant? A public nuisance is defined as an act...


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Details: - Mark: Not available | Course: Tort Law | Year: 1st | Words: 1038 | References: No | Date written: Not available | Date submitted: October 07, 2011 | Coursework ID: 699

Question: ‘Cases have made clear that, as a matter of law, if A owes B a duty of care, A must attain the standard of a “reasonable person” in order to discharge that duty. In short, the duty is one to take reasonable care. The courts have recourse to a range of considerations in deciding whether this standard has been met.’
J. Murphy, Street on Torts (12th Ed., OUP, 2007)

Discuss.

(Tort - Summative Assignment 2010/2011)

Answer: In this essay, it is necessary to consider briefly what is meant by duty of care. The three-stage test for duty comprises elements that are separate and distinct from each other. Foreseeability...


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Details: - Mark: Not available | Course: Tort Law | Year: 2nd/3rd | Words: 2701 | References: Yes | Date written: February, 2011 | Date submitted: July 02, 2011 | Coursework ID: 692

Question: Use your knowledge of the law of tort to provide suitable advice for the following scenario in 400–600 words.

Indiana Ltd, a firm of building contractors, is constructing new office premises on a site on the edge of a residential estate.

Indiana Ltd has received the following complaints:

1. A tower crane, used on site, continually swings over Johnny’s house on neighboring property.

2. Rubbish on site is burnt daily, which is causing a lot of smoke, and because of the prevailing wind it blows across to Jenny’s property, which means she cannot sit outside in her garden.

3. Ewan, a 13-year-old, gained entry to the site one night through a gap in the perimeter fence and was injured when he fell into an excavated trench on site.

Explain whether Johnny, Jenny and Ewan have any legal claim against Indiana Ltd.

(20 marks)

Answer: The scenario relates to the trespass of land tort where there is seen to be an“…unjustifiable interference with the possession of land” (Galbraith et al 2007:230). This specific instance deals with the...


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Details: - Mark: Not available | Course: Tort Law | Year: 1st | Words: 786 | References: No | Date written: June, 2008 | Date submitted: May 31, 2011 | Coursework ID: 691

Question: Use your knowledge of the law of tort to provide suitable advice for the following scenario in 400–600 words.

Major Tom owned a property which was divided into two flats, and, prior to advertising the ground floor flat for sale, he instructed Wet & Dry Eradication Ltd to inspect the ground floor flat and prepare a timber preservation report, which he could show to potential purchasers.

The report clearly stated that there was no evidence of dry rot at the time of inspection, but that a precautionary spray of fungicide had been made on the timbers and that these were guaranteed against dry rot infestation for 30 years.

Six months after the date of the report, Major Tom sold the ground floor flat to Margaret and also the first floor flat to David. Before each sale Major Tom gave both Margaret and David a copy of the timber preservation report.

It is now two years since the inspection and dry rot has appeared in both flats. Margaret and David have taken expert advice and have been told that the original report by Wet & Dry Eradication Ltd was negligent.

Wet & Dry Eradication Ltd admits that the report was prepared by an unsupervised trainee and was, therefore, negligently prepared, but it denies liability on the ground that the report was addressed to Major Tom and not to Margaret or David.

Advise Margaret and David whether each has a valid legal claim against Wet & Dry Eradication Ltd.

Answer: A duty is imposed on a person by law to act with care towards others. If this duty exists and there is a failure to act carefully and another suffers loss, then...


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Details: - Mark: Not available | Course: Tort Law | Year: 1st | Words: 447 | References: No | Date written: July, 2008 | Date submitted: May 31, 2011 | Coursework ID: 690

Question: Causation and Remoteness

Answer: In order to establish negligence, it must be shown that the defendant’s breach of duty caused the damage suffered by the claimant. There are two stages to establishing causation: 1. Factual Causation....


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Details: - Mark: Not available | Course: Tort Law | Year: 1st | Words: 8378 | References: No | Date written: Not available | Date submitted: December 10, 2010 | Coursework ID: 658


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