THIS PAPER IS NOT TO BE REMOVED FROM THE EXAMINATION HALLS UNIVERSITY OF LONDON LA3001 ZB

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1 THIS PAPER IS NOT TO BE REMOVED FROM THE EXAMINATION HALLS UNIVERSITY OF LONDON LA3001 ZB DIPLOMA IN THE COMMON LAW LLB ALL SCHEMES AND ROUTES BSc DEGREES WITH LAW Law of Tort Thursday 8 May 2014: Candidates will have fifteen minutes during which they may read the paper and make rough notes ONLY in their answer books. They then have the remaining THREE HOURS in which to answer the questions. Candidates should answer FOUR of the following TEN questions. Candidates should answer all parts of a question unless otherwise stated. University of London 2014 Page 1 of 7

2 1. The law has developed to such an extent that few individuals can legitimately complain of a lack of protection from nuisance. Discuss. 2. The law governing product liability strikes an appropriate balance between protection of public health and the need in an advanced economy to develop a range of products. Discuss. 3. Critically analyse the reforms brought about by the Defamation Act Explain and discuss the extent to which an employer is liable in tort for the criminal acts of an employee. Page 2 of 7

3 5. Whilst clearing out the attic room of a house inherited from an elderly aunt, Cedric discovered a painting of the back end of a Donkey, which Cedric was convinced was by a popular early 20th century artist called Debbie Smart. Cedric had recently graduated with a first class honours degree in fine art and graphics. Anxious to confirm his assessment of the painting, Cedric took the painting to a local auction house, owned by Fabian Peterson, an art historian. After a cursory glance at the painting, Fabian informed Cedric that the painting was not by Debbie Smart but by Debbie's sister, Ethel Smart - a lesser known artist. He told Cedric that, although Debbie Smart painted Donkeys, her studies were of the faces of Donkeys and she would not have painted the back end of a Donkey. What Fabian did not tell Cedric was that the art world was divided over the question of whether certain paintings of the back end of Donkeys currently in circulation were by Debbie or her sister Ethel. Indeed, a group of artists known as the Fine Donkeys was convinced that it was in fact Debbie who painted the back end of Donkeys and Ethel who painted Donkeys' faces. Cedric was disappointed with the verdict on the painting's provenance and not entirely convinced that Fabian's judgment was sound. However, he desperately needed some money to renovate the house he had inherited and he agreed to sell the painting for the value it would have fetched had it been by Ethel Smart. Ethel's paintings were valued at around 5,000 in contrast to Debbie Smart's paintings which were valued at around 50,000. Glancing through the local paper two weeks later, Cedric found that the painting he had discovered in the attic of the house he had inherited had been sold by Fabian's auction house to an art dealer for 70,000. The newspaper reported that the painting was by Debbie Smart. Advise Cedric in respect of any claim for damages in negligence. Page 3 of 7

4 6. Celia Tang is an internationally renowned cellist. A month ago she returned to the stage after a two year break from performing while she was being treated for organic depression. Great interest surrounded her come back performance which was broadcast live on television. About twenty minutes into the concert, Celia and the audience members heard a man shout fire and a faint smell of smoke followed the warning shout. Instantly there was chaos with the audience seeking to exit the concert hall through the one available fire escape. Quite a number of people in the front row of the audience rushed in the direction of the stage where Celia was sitting. Celia feared she would be injured in the rush. She was not injured but was traumatised by the behaviour of the audience members and her trauma resulted in a recurrence of her depressive state. Sadly many others were injured in the rush to leave the audience, including the young man (Raoul) who had shouted the fire warning. Raoul was trampled to death. The rescue services arrived within fifteen minutes of the alarm. They included Sebastian, a paramedic, who was Raoul s father. Sebastian suffered post traumatic stress disorder as a result of seeing his son s mangled body. Sebastian s colleague, Manton, was also emotionally affected by the scene. The scene at the concert hall was relayed on live television and Grace, Celia s elderly grandmother, suffered shock on seeing footage of the crowd surging toward the stage. It was soon revealed that Raoul was a member of an organisation whose objective was to make cultural events free for all. One aspect of the group s campaign strategy involved disrupting cultural events. There was no fire at the hall and Raoul had with him a lit cigar - which caused the faint smell of smoke. It also transpired that the concert hall was in breach of building and safety regulations, since a concert hall of its size should have had at least two fire exits. Advise Celia, Sebastian, Manton and Grace as to any claims they could bring against Raoul s estate for their injuries. (Do NOT discuss any liabilities that may arise under the Occupiers Liability Acts). Page 4 of 7

5 7. Samantha inherited a large house from her recently deceased grandfather. Although Samantha was aware that the property was in need of refurbishment, she was so delighted with the gift that she decided to throw a housewarming party immediately on moving in. She had planned for 30 guests, but so many of her friends and work colleagues had brought partners that there were at least 50 people present on the day of the party. Samantha had warned all invited guests not to go into the rooms on the third floor of the house because the floor boards were rotten and the electrical wiring was unsafe. John who accompanied Daisy (Samantha's best friend) had not been informed of the state of the third floor and was seriously injured when he fell through a rotting floor of one of the third floor bathrooms. Attracted by the music, three teenagers (Martin, Faith and Helen) entered the house by a back door which was partially hanging from its hinges. They had not been invited to the party and, anxious to avoid discovery, they grabbed a bottle of vodka from the unattended kitchen quarters and raced up to the third floor. After drinking some of the vodka, Helen went in search of some food. She found some eggs and, intending to cook an omelette, turned on the gas cooker which promptly exploded causing Helen severe burns. An ambulance was called to the scene. Frank (a paramedic) entered the room where Helen was lying and turned on a light switch. The wiring was so badly in need of repair that Frank was electrocuted to death. Advise John and Helen and Frank's estate of any claims they might have in tort. 8. Maxine owns a light aircraft and often offers the opportunity for friends to join her for a trip around the small village in which she lives. One evening she organised a drinks party to celebrate a friend's engagement. After having imbibed a fair quantity of wine, John (one of the guests) challenged Simon, another guest, to fly the aircraft. Simon was also drunk and agreed to fly the aircraft. Simon and John did not inform Maxine of their intention to take the aircraft. The aircraft had not been properly secured against trespass and Simon and John were easily able to access it. Soon after the aircraft was airborne, Simon very quickly got into difficulties and the aircraft crashed killing him and severely injuring John. On learning of the news, Maxine was so upset at the thought that she had facilitated Simon and John's adventure by not securing the aircraft against trespass that she became severely depressed and committed suicide. Advise all parties of any defences that might be raised against a claim in the tort of negligence. Page 5 of 7

6 9. Eight years ago David was injured in a car accident and suffered extensive scarring. He received medical treatment for the scarring immediately following the accident but little could be done to alleviate the scarring. A few months ago, David learned through a friend of a supposedly revolutionary treatment for scarring, pioneered by a consultant (Philip) at a private hospital. David conducted some research through the internet into the hospital and the treatment and, having saved up the 5,000 medical fee, decided to have the treatment. David was seen by Philip who explained the treatment, which consisted of a 9 hour operation. David asked about any risks associated with the operation and was simply told that the operation was safe. In fact, there was a 25 per cent risk that the procedure would make the scarring worse. Sadly, the risk materialised in David's case. David had already been seeing a psychiatrist about the original scarring - a fact that was clearly detailed on the medical records that were seen by Philip. After the operation, David's emotional condition became worse. He became more and more violent and was imprisoned for three months for attacking James, a plastic surgeon. James had no connection with the private hospital where Philip worked. Advise all parties of their rights and obligations in the tort of negligence. Page 6 of 7

7 10. Consider whether a duty of care is owed in respect of the following claims: (a) (b) (c) There have been a number of threats against medical students at Glass University since the new term began. The circumstances suggest that threats are being made by someone with intimate knowledge of the College and its layout. They are being perpetrated by someone with knowledge of the layout of the college The Registrar of the College to whom the letters were sent decided not to inform the student body for fear that knowledge of the threats might result in widespread panic. She did inform the Brackhampton police, however, due to many other policing priorities little was done to look into the anonymous threats. Soon after the police were informed, Darius (a medical student) was attacked and seriously injured. His attacker, Eamon, was caught soon after. Eamon was expelled from medical school after having failed his second year examinations. He has admitted to writing the anonymous letters. Roberta died after being trapped in a burning office building. She was a fire fighter on a training exercise when the staged fire scene quickly got out of control. Todd, the senior fire officer, heard Roberta s screams but panicked and fled the scene. Sally left school at the age of 16. Now aged 19 she is unable to secure employment because she is unable to read or write. She claims that her local education authority failed to take steps to assess in order to establish whether she had a learning difficulty. Sally was recently assessed by an educational psychologist and was found to be severely dyslexic. END OF PAPER Page 7 of 7

THIS PAPER IS NOT TO BE REMOVED FROM THE EXAMINATION HALLS UNIVERSITY OF LONDON LA3001 ZA

THIS PAPER IS NOT TO BE REMOVED FROM THE EXAMINATION HALLS UNIVERSITY OF LONDON LA3001 ZA DIPLOMA IN THE COMMON LAW LLB ALL SCHEMES AND ROUTES BSc DEGREES WITH LAW Law of Tort Thursday 8 May 2014: 10.00