Reference no: EM132880507 , Length: word count:2800

LAQ211 Tort Law - Swansea University

Question 1

Manuel and his grandmother, Sybil, were on their way to the park when a negligently driven minibus veered across the road and screeched to a halt, trapping them against the yard
railings of the local Secondary school. Manuel's injuries were minor but Sybil's were devastating. Basil, an off-duty policeman saw the accident and tried desperately for some time to free both Manuel and the seriously injured Sybil, who was screaming in agony.
Manuel's friend, Marcus, filmed the rescue attempt on his phone and, once the emergency services had arrived and freed the pair, sent the video to Manuel's mother, Ilsa, with a message telling her to go to the hospital.
When Ilsa arrived at the hospital she was told that Manuel had miraculously sustained only minor injuries but that her mother, Sibyl, was unlikely to survive such severe internal injuries. Over the next few days, Ilsa remained at her mother's bedside as her condition deteriorated.

Basil, Ilsa and Marcus suffer post-traumatic stress disorder as a result of their experiences and seek advice as to the potential for a successful claim for psychiatric damage.

(700 words)

Question 2:

"I think, therefore, that there is ample authority to justify your Lordships in saying now that the categories of special relationships which may give rise to a duty to take care in word as well as in deed are not limited to contractual relationships or to relationships of fiduciary duty, but include also relationships [in] which ....... there is an assumption of responsibility in circumstances in which, but for the absence of consideration, there would be a contract."
Per Lord Devlin Hedley Byrne & Co Ltd v Heller & Partners Ltd, [1964] A.C. 465

a) Outline the principles governing whether a party may recover economic loss arising as a result of negligent misstatement. (100 words)
b) With reference to case law, provide two examples of activity other than negligent misstatement where courts have permitted recovery for pure economic loss. (200 words)
c) With reference to relevant case law, discuss to what extent the concept of
‘assumption of responsibility' has sufficient clarity as a basis for determining whether an actionable duty of care exists for the purposes of recovering economic loss. (400 words)

(700 words in total)

Question 3:

Lena and Rasmus work together at Apollon Industries, a manufacturer of household cleaning materials, supervising different parts of the mechanised production line of chemical - based bathroom cleaner. Trying to cut costs, the company has negligently failed to repair the shut off valve on one of the chemical vats and it overspills, flooding the machinery and causing the evacuation alarm to sound. Rasmus faints whilst Lena ignores the alarm and attempts to shut down the vat manually, sustaining severe chemical burns in the attempt. Martin, a fellow employee and trained first aider rushes in to help, sees Rasmus on the floor and begins chest compressions thinking that Rasmus has had a heart attack. Rasmus suffers internal injuries to his chest as a result and is unable to return to his old job.

Martin also subsequently collapses from inhaling the chemical fumes and is taken to hospital. He is released after a few days but is left with persistent breathing difficulties. He also feels racked with guilt about his treatment of Rasmus and starts sleep walking. During one of his sleep walking episodes he gets into his car, crashes into his own front gate, sustaining a further crippling back injury.

Lena, Rasmus and Martin each seek advice as to whether, if they brought an action against Apollon for their physical injuries, they could establish causation.
(700 words)

Question 4:

"I do not think there is any difference of opinion as to its being a general rule that, where any injury is to be compensated by damages, in settling the sum of money to be given for reparation of damages you should as nearly as possible get at that sum of money which will put the party who has been injured, or who has suffered, in the same position as he would have been in if he had not sustained the wrong for which he is now getting his compensation or reparation." Per Lord Blackburn Livingstone v Rawyards Coal Co, (1880) 5 App. Cas. 25 per Lord Blackburn

a) Explain how a Judge would set about calculating a lump sum award of damages. (150 words)
b) Outline two problems that arise when awarding compensation by means of a lump sum. (150 words)
c) Using case law examples in support, critically evaluate the ways in which a court may seek to achieve the most ‘realistic' and fair awarding of compensation for negligence. (400 words) (700 words in total)

OSCOLA referencing system

Attachment:- Tort Law.rar