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

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1 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: 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 8

2 1. The law of nuisance is a highly effective weapon against individuals who disturb the quiet enjoyment of owners/occupiers of property. Discuss, using case law to support your answer. 2. Strict liability rightly attends especially hazardous activities. Discuss with reference to the law governing liability for injury or loss resulting from defective products. 3. Critically analyse the reforms brought about by the Defamation Act The law provides adequate redress to individuals injured as a consequence of unsafe premises. Discuss. Page 2 of 8

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 8

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 8

5 7. Jason, aged 19, was left at home to look after his 13 year old brother, Sam. Sam and Jason were watching television and Jason was drinking beer and smoking cannabis (a drug) when Jason's friend, Tony, arrived at the house in a car. Tony boasted that he had taken the car from the front pavement of a house located about fifteen minutes away from Jason's house. The car keys had been left in the ignition. Tony persuaded Jason and Sam to go for a drive in the car. The car was a new, top of the range sports car and Tony (who was a learner driver) had some difficulty in controlling it - especially since Sam was urging him to go faster and faster. After 10 minutes in the car, Jason realised that they were being followed by a police car and informed Tony who panicked, swerved and drove into a tree. Tony was uninjured but Jason, who was in the passenger seat and was not wearing a seat belt, was seriously injured, suffering permanent damage to his spine. Sam emerged from the car crash uninjured but was knocked down and seriously injured by a train at a level crossing when he escaped from the car and tried to run away from the police. There were warning signs at the level crossing but they were not clearly visible and there were no barriers preventing entry on to the train track. For several months local residents had been campaigning about safety near the crossing after a 60 year old man narrowly escaped being hit by a train. Advise all parties of their rights and obligations in tort, paying particular attention to any defences that might be raised. Page 5 of 8

6 8. Gaston is employed as a security guard in an exclusive department store. He was on patrol one day when he spotted a woman in a long black coat who appeared to be placing items from the cashmere jumper stall into her large shoulder bag. Gaston rushed down the escalators and grabbed a woman in a medium-sized black coat by the arm. As she pushed away, her arm twisted painfully and it was only then that Gaston realised that the woman he had accosted was not carrying a shoulder bag and (on closer inspection) was not the person he had originally sighted. The standard procedures of the department store in cases of customer injury were for a supervisor to be notified and appropriate medical help obtained. Concerned about the consequences of his mistaken identification, Gaston decided to take the injured customer to the staff sick room and allow her time to rest and recover. Unfortunately, Gaston was not able to communicate properly with the customer (Sonia) since she could not speak or understand English and Gaston could not speak any language other than English. Eventually Gaston felt that he had conveyed to Sonia the fact that she was to wait in the room and he left the room, closing the door firmly behind him. Sonia, thinking that she had been abducted and locked in the room, looked about her wildly for an avenue of escape. The room was on a second floor and she decided to jump from the window. She did so and landed softly but, unfortunately, in the path of a car that was being driven slowly into a parking space. The driver of the car (Neil) swerved suddenly and crashed into a wall, suffering a serious head injury as a result. Advise the department store as to its liability in tort. Page 6 of 8

7 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 7 of 8

8 10. Consider whether a duty of care will be found in the following claims against Blandfordshire Police: (a) Joyce s boyfriend, Dermot, attacked and seriously injured Joyce s mother, Louise, after Louise had encouraged Joyce to leave Dermot and relocate to France. Louise had received a number of anonymous threats during the months leading up to the attack. Louise had informed the police and had identified Dermot as the anonymous letter writer. The police took no action against Dermot because they assumed that the anonymous letters had been sent by a character known in the neighbourhood as the Evil Pen. Evil Pen had been arrested by the police three months before Louise was attacked after having sent similarly worded threats to a number of women in the neighbourhood. (b) Flavia drowned after her rowing boat capsized. Albert (a passer by) was about to leap into the river to save Flavia but was prevented from doing so by PC Sackville who informed Albert that he (Sackville) was a trained lifeguard. PC Sackville had not been trained and was, in fact, a poor swimmer. He reached Flavia ten minutes later than Albert would have done had Sackville not impeded Albert s rescue attempt. By the time Sackville reached Flavia she had drowned. (c) Sebastian suffered post-traumatic shock when he witnessed the death of a young police officer (Hal), stabbed by Michael who at the time was in police custody but escaped after he was left alone in an unlocked police van. END OF PAPER Page 8 of 8

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

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: 10.00