Tort law
1- Please make sure that the words is between 2400 to 2450 and not more than 2450.
2- Please make sure that the referencing type is in Oscola style.
3-please make sure that the words is not very advance.
Question
Answer ALL parts.
Homer was employed as a factory worker by Springfield Desserts, which specialises in the manufacture of doughnuts. Due to carelessness on the part of Springfield Desserts, a large fryer used to cook the doughnuts exploded. A piece of debris hit Homer, causing serious injuries. Selma, who is Homer’s aunt, was also employed by Springfield Desserts. At the time of the explosion, Selma was sitting in her office, situated several hundred metres away. Selma witnessed the explosion via a web cam located on the factory floor and immediately feared that her favourite nephew had been killed. Homer and Selma have both been diagnosed with a recognised psychiatric illness.
Advise the parties as to any claims in tort they might have against Springfield Desserts.
Paul wished to invest in the stock market, so he sought the advice of his accountant, Ringo. Paul was advised that PC Universe plc would be a good investment choice. However, Ringo warned Paul to seek further advice before purchasing any shares. Paul read in the Financial Bugle (a respected financial newspaper) that shares in PC Universe plc were under-valued and were likely to rise significantly since the company was poised to announce record profits. Paul invested in PC Universe plc. Shortly afterwards, they were put into liquidation and Paul lost all his money.
Advise Paul as to any claims in economic loss he may have against Ringo and The Financial Bugle.
Anthony and Declan were both heating engineers; during the course of their 20 year careers they each worked for No More Chills Co. for 15 years and Hot Stuff Heating Ltd. for five years. Both of these employers carelessly exposed Anthony and Declan to asbestos during the course of their employment. No More Chills Co. was recently declared bankrupt. Anthony has been diagnosed with mesothelioma and Declan with asbestosis.
Advise the parties as to their rights and responsibilities.
Ronnie was employed as a fork lift truck driver by Bricks R Us, a manufacturer of building materials. On a number of occasions, Ronnie had complained to his manager that a safety screen on the front of his fork lift truck had been removed. Bricks R Us refused to install a new safety screen. While operating the fork lift truck, a number of concrete slabs fell on Ronnie, causing severe head injuries. Ronnie had always refused to wear a safety helmet. The head injuries suffered by Ronnie caused a severe psychiatric illness, which made him prone to bouts of anger and aggression. When travelling on a bus, another passenger accidentally stepped on Ronnie’s foot. Ronnie stabbed the passenger and was eventually sentenced to life imprisonment for murder.
Advise the parties as to what defences, if any, are available.
Following a collision with a car driven by Elizabeth, John suffered a serious lower back injury and as a result was forced to resign from his job as a golf coach, where he earned £100,000 per year. He has taken on a part-time job in a fast food restaurant and now earns £10,000 per year. John experiences constant pain and discomfort and is no longer able to play golf.
Elizabeth has accepted liability for the injuries suffered by John.
Advise John on how the courts will assess the level of damages he is entitled to.
End of Question
Guidance on answering problem questions.
Problem questions are designed to test the student’s grasp of the legal principles in a particular area or areas. The student will be expected to refer to and apply the relevant statutory provisions and case-law. The student’s tasks are to assess the facts, identify the legal issues arising from them, and apply the relevant case and statute law to them. The student should compare the facts to those which have arisen in the case-law in order to ascertain how the current problem might be decided. The student should also consider whether the facts are covered by the words of particular statutory provisions.
When answering a problem question, generalities about the relevant law should be avoided. It is the application of the law to the particular facts presented which is required. Sometimes the information given will be open to various interpretations, in which case the legal implications of each eventuality should be discussed.
Answers to problem questions are assessed on the basis of application of the law, accuracy in this application and sophistication of argument. There may be little scope for discussion of the wider context, or for reference to research, unless introduced as part of an argument that a particular outcome is more likely than another on the facts. Answers to problem questions should usually be organised according to the particular issue being dealt with, or the individual being advised, and so on.
First Class (70% – 100%) – Excellent
A first-class answer will deal with all the relevant issues. It will accurately apply the relevant law. Strong arguments will be put forward in support of the writer’s position and conflicting arguments will be recognised and dealt with persuasively. All arguments in the answer will be backed up with full and accurate citation of appropriate case-law and statutory provisions. A realistic and sophisticated judgment on the likely outcome will be made. The answer will be extremely well written and thoroughly organised.
Upper-second (60% – 69%) – Good to Very Good
An upper-second class answer will deal with most of the issues. The relevant law will be applied to the facts and arguments will be put forward to support the writer’s position. The main authorities will be cited accurately. The answer will attempt a conclusion which assesses the likely outcome. It will be well written and organised.
