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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 the offence of trespass and nuisances. What is a tort? A tort is a civil wrong, the definition which is quoted by Winfield on what is a tort: “Tortious liability arises from the breach of a duty primarily fixed by law; such duty is toward......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

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 regards to the present circumstances of Duckworth’s. I have commented on the position of Peter regarding to the law suet for injuries sustained on the Duckworth’s hotel. I have explained the Duckworth’s position in regards to liability. Who’s the o......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

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 area is governed by the Occupiers’ Liability Act 1957, which, by s 1(1), replaced the previous common law rules.......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

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 Wainwright v Home Office (2004) and Kaye v Rahertsan (1991), and recently confirmed in Browne v Associated Newspapers (2007).......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

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 is defined as “negligence is the breach of a legal duty to take care, resulting in damage to the claimant, which is not desired by the defendant.” Therefore negligence protects an individual against several types of harm or damage such as damage to property, personal inju......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

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 impose liability in Victorian Railway Commissioners v Coalthas (1888). It has progressed from allowing recovery where the claimant was......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

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 to ensure that any actions on her part do not injure Lisa.......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: \'Due to some of the difficulties of bringing an action in negligence, the tort of misfeasance in public office has recently become a popular alternative cause of action.’ Discuss the above statement, with particular reference to the scope of the tort of misfeasance in public office.

Answer: The use of the tort of negligence by claimants attempting to recover for any loss they have experienced, may find numerous difficulties in establishing their cause of action.......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: Assess the impact of the Compensation Act 2006 on the tort of negligence.

Answer: The Compensation Act 2006 established several changes to the manner in which damages can be obtained by claimants and how certain aspects of tort law are perceived.......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

Question: To what extent, if any, does an employer’s vicarious liability for the torts of his employees and his liability for breach of statutory duty add anything at all to the liability resulting from the employer’s personal duty of care?

Answer: In general terms, an employer’s personal duty of care refers to the obligation on the part of employer’s to ensure, as far as is reasonably practicable, the safety and welfare of employees whilst at work.......(short extract) to download the full answer, please Sign in or Register then make a payment or submit an essay

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