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Tort Law


Question: TORT LAW ASSIGNMENT 2
TASK 1
Selma visited the firm yesterday to request advice. Yesterday she parked her car in
front her neighbours house. She was not obstructing any driveways and there was
certainly nothing to prevent her from parking there. The following day Selma
observed that a wheel clamp had been placed on her car. It was accompanied with a
note which stated that the wheel clamp would only be removed on the condition that
she did not park there again. Selma also believes that her neighbour has stolen plants
from her garden and put rubbish on her land. Prepare a report on the relevant legal
issues for your senior partner
Discuss the tortious liability of Selma's neighbour considering in particular the
offences of trespass.
TASK 2
Mr Mohammed if also requesting advice. He recently bought a house and was
informed by the surveyor that it was structurally sound. It now transpires that the
house is subsiding. Mr. Mohamed purchased the house without the aid of a mortgage
so he personally instructed the surveyor. Write a letter to Mr. Mohammed making
sure it includes consideration of the following points.
(a) Could Mr. Mohammed claim for negligence?
(b) Is there any other area of law other than tort at which he can make a claim? If so
advise which course of action he should take providing reasons for your answer.

Answer: TASK 1 Introduction: Below I have compiled a report outlining legal issues on Selma circumstances. Discussing the tortious liability and particularly on...


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  • Subject: Law
  • Course: Tort Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 83%
  • Words: 2282
  • Date submitted: April 18, 2009
  • Date written: January, 2008
  • References: Yes
  • Document type: Essay*
  • Essay ID: 1457

Question: TORT LAW ASSIGNMENT 1
TASK l
Mr. and Mrs. Duckworth are the proprietors of a hotel in Weatherfield. One of their former
guests Peter Barlow checked out of the hotel last week, but Mr. & Mrs. Duckworth
discovered that he had stolen a number of items from the hotel room, for example table lamps
and coffee tables. Also he had disturbed other guests when he returned to the hotel intoxicated
one evening. Mr. & Mrs. Duckworth decided he is no longer welcome at the hotel and
informed him of this. Despite this Mr. Barlow walked into the hotel last week and attempted
to book a room. Mr. and Mrs. Duckworth refused and on his way out Mr. Barlow tripped on a
loose wire and sprained his ankle. Mr. Barlow has informed the Duckworths that he will be
taking action against them for occupiers liability. Mr. and Mrs. Duckworth have requested
advice relating to this. Can they really be sued when they made it clear to Peter Barlow that he
was no longer permitted on the premises? Your supervisor has requested you write a report
relating to this.
TASK 2
Mr. and Mrs. Duckworth employ a number of people at their hotel. Last week the chef, Betty
Turpin was particularly busy and asked the waiter, Todd Grimshaw, for assistance. Due to
confusion in the kitchen Betty accidentally used sour milk in the sauce she was making. Also,
Todd gave food containing dairy products to Norris, a customer with an allergy to dairy products.
The Duckworths were aware of his condition and had assured Norris that his dietary requirements
would be catered for. Another customer suffered food poisoning it is thought due to the food
cooked with sour milk. The Duckworths have requested a letter clarifying the situation. Your
supervisor has requested you write a letter to the Duckworths advising whether they will be liable
for the actions of their employees. Explain what strict liability is and explain whether this applies
to them.

TASK 3
Mr. Duckworth visited your office yesterday to ask whether the behaviour of Todd Grimshaw
could be his responsibility. He is often playing practical jokes and yesterday deliberately tripped up Betty in the kitchen who was carrying hot water at the time. Both members of staff were burnt and Betty is suing Mr. Duckworth as she feels it is his responsibility to employ competent staff.
Your supervisor has requested you write her a memorandum explaining how you think the law
applies to this scenario.

Answer: TASK 1 Re: Peter claiming for injuries sustained on the premises and liability of Duckworth’s Introduction: I have compiled a report in...


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  • Subject: Law
  • Course: Tort Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 80%
  • Words: 2282
  • Date submitted: April 20, 2009
  • Date written: October, 2007
  • References: Yes
  • Document type: Essay*
  • Essay ID: 1458

Question: ‘Any sensible occupier will exclude the onerous duty of care that he owes to both visitors and non-visitors as regards his occupation of premises.’ Assess the accuracy of this statement.

Answer: The first area to be considered is the duty of care that an occupier of premises owes to his lawful visitors. This...


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  • Subject: Law
  • Course: Tort Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 75%
  • Words: 2263
  • Date submitted: May 01, 2009
  • Date written: March, 2009
  • References: No
  • Document type: Essay*
  • Essay ID: 2398

Question: Assess the degree to which tort law is able to offer protection for a person’s right to privacy.

Answer: Strictly speaking, privacy is not explicitly recognised as a tort in its own right as shown in the very different cases of...


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  • Subject: Law
  • Course: Tort Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 74%
  • Words: 1993
  • Date submitted: December 27, 2009
  • Date written: October, 2009
  • References: No
  • Document type: Essay*
  • Essay ID: 2401

Question: Lisa and Sarah are friends. Sarah agreed to cut and dye Lisa’s hair one evening. After cutting Lisa’s hair, Sarah applied a dye that she had bought from Lovely Hair plc, which manufactures the dye. After a few minutes, Lisa suffered an extremely painful allergic reaction to the dye and Sarah washed the dye out. Several hours later, large portions of Lisa’s hair fell out and her scalp turned bright red. As a result, Lisa cancelled a holiday that she was planning to take in Florida, which had cost £1,900. Provide Lisa with legal advice.

Answer: Based upon Donoghue v Stevenson (1932) Sarah, in this scenario, has a duty of care to Lisa. Namely to take reasonable steps...


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  • Subject: Law
  • Course: Tort Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 71%
  • Words: 1819
  • Date submitted: April 15, 2009
  • Date written: January, 2009
  • References: No
  • Document type: Essay*
  • Essay ID: 2397

Question: 'The House of Lords has stated in the clearest possible terms in White v Chief Constable of South Yorkshire Police (1999) that the law on nervous shock or psychiatric damage is so illogical that only Parliament can come up with a solution.’ Discuss the above statement.

Answer: The law on nervous shock, or ‘psychiatric damage’ as it is sometimes now called, has developed considerably since the original refusal to...


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  • Subject: Law
  • Course: Tort Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 71%
  • Words: 3005
  • Date submitted: July 03, 2009
  • Date written: March, 2009
  • References: No
  • Document type: Essay*
  • Essay ID: 2392

Question: LAW OF TORT 1 ASSIGNMENT, CASE STUDY, 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. 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...


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  • Subject: Law
  • Course: Tort Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 71%
  • Words: 2733
  • Date submitted: January 29, 2009
  • Date written: January, 2006
  • References: Yes
  • Document type: Essay*
  • Essay ID: 450

Question: Describe the various ‘tests’ and principles that the law has adopted to determine whether one party owes another a duty of care in the tort of negligence and assess whether the duty of care concept is effective as a ‘control device’.

Grade First, Second year, Undergraduate Tort Law.

Answer: In order to fully understand the tests and principles in the tort of negligence, and the duty of care concept, one must...


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  • Subject: Law
  • Course: Tort Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 70%
  • Words: 2096
  • Date submitted: May 10, 2016
  • Date written: April, 2015
  • References: Yes
  • Document type: Essay*
  • Essay ID: 7348

Question: What has been the influence, if any, of the Human Rights Act 1998 on the development of English tort law?

Answer: The Human Rights Act 1998 (HRA) gave further legal effect in the UK to the fundamental rights and freedoms contained in the...


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  • Subject: Law
  • Course: Tort Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 70%
  • Words: 2195
  • Date submitted: January 18, 2010
  • Date written: November, 2009
  • References: No
  • Document type: Essay*
  • Essay ID: 2466

Question: ‘The difficulties of proceeding with an action in private nuisance are grave, but the prospects of potential claimants have increased with the coming into force of the Human Rights Act 1998.’ Discuss.

Answer: The law on private nuisance, frequently presents a number of uncertainties with respect to its application in any given scenario....


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  • Subject: Law
  • Course: Tort Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 70%
  • Words: 3005
  • Date submitted: April 15, 2009
  • Date written: February, 2009
  • References: No
  • Document type: Essay*
  • Essay ID: 2399

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