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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 occupier?
Occupiers Liability Act 1957 & 1984 defines who’s an occupier.
“an occupier is the person who controls the premises. They do not have to be the physical
occupier nor the owner… a certain degree of control…”
Wheat v E Lacon & Co 1966 established the above definition that there can be more then
one occupier. One that has general control over the premises is held liable.
We can conclude that Duckworth’s have sufficient control over the premises, which makes
them the occu...(short extract)

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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

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