‘THIS PAPER IS NOT TO BE REMOVED FROM THE EXAMINATION HALLS) UNIVERSITY OF LONDON 266 0001 ZA LLB EXAMINATION for External Students PART I EXAMINATION (Scheme A) SECOND AND THIRD YEAR EXAMINATIONS (Scheme B) GRADUATE ENTRY LEVEL Il (Route A) GRADUATE ENTRY SECOND AND THIRD YEAR (Route B) DIPLOMA IN THE COMMON LAW for External Students BSc DEGREES for Extemal Students MANAGEMENT WITH LAW, LAW WITH MANAGEMENT, ACCOUNTING WITH LAW AND LAW WITH ACCOUNTING FOR STUDENTS IN THE EXTERNAL PROGRAMME Law of Tort Wednesday 12 May 2010: 10.00 1.15 pm Candidates will have fifteen minutes during which they may read the paper and make rough notes ONLY in their answer books. They then have the remaining THREE HOURS in which to answer the questions. Candidates should answer FOUR of the following EIGHT questions. Candidates should answer all parts of a question unless otherwise stated © University of London 2010 UL10/683ZA Page 1 of 51, During the banking crisis that started in 2008 Failing Bank ple set up a scheme under which some of its information technology specialists would be seconded to work one day each week for local charities to offer them appropriate advice. Under this scheme Rita was seconded to work for Priti who runs a small charity that gives training in basic computer skills to young adults with special educational needs. One afternoon Rita, while working for Priti, saw Sam, one of the young adults whom she had been teaching earlier, getting into a lifi. She followed him into the lift and, as it descended, said to him, “Why don’t you come home with me to-night? I'll get you drunk and then we can have some fun.” Sam was petrified and, when the lift doors opened, he rushed to get away. Sam had very poor eyesight and ran into a glass door. He was very badly cut and has permanent scarring to his face and neck. Advise Sam. [Do not consider any possible claim against the occupiers of the building] 2. Jasper, aged 8, was a resident in Demonic Hall, a care home run by the Bruteshire County Council. Bruteshire Social Services had taken him into care as his parents could not control him, He had tried to stab his mother and had attacked other children at school. One afternoon, after he had been refused a second helping of ice cream, he wandered out of Demonic Hall carrying a carving knife that he had found lying in the kitchen. Nell, an elderly passerby, asked him whether he needed help, but he slashed her arm with the knife and ran off at speed. He ran into the path of a car, which was being driven with reasonable care. Jasper’s injuries were very serious and he was taken by air ambulance to a specialist spinal injuries unit. Nell’s injuries were not thought to be serious and she was taken by road ambulance to the Bruteshire Hospital. The ambulance was delayed in heavy traffic for almost an hour. Nell began to lose a lot of blood and became very distressed, Before the ambulance eventually reached hospital, she suffered a stroke. Despite receiving expert medical treatment, Jasper is now paralysed and has to use a wheelchair. Nell now has problems with speech and mobility. Advise Jasper and Nell. UL10/683ZA_ Page 2 of 5The Grungetown Chamber of Commerce, which represents the interests of small businesses in Grungetown, has objected to new regulations introduced by the Grungetown City Council. At a meeting of the Chamber, a resolution was passed that members of the Chamber would not do any work for councillors until they had agreed to meet representatives of the Chamber to discuss their concerns. Edward Fish, Michael Haddock and Robert Salmon are members of the Chamber. Edward Fish does not approve of the protest and continues to carry out building work for councillors. Michael Haddock, an electrical contactor, has joined the protest but one evening carried out work without payment for a neighbour, an elderly councillor, when all her lights fused. Robert Salmon has done no work for councillors, A recent issue of the Chamber of Commerce newsletter carried an editorial which read, “Sadly some of our members have no sense of loyalty, They have preferred their own immediate financial interests to the long-term collective good of our members. Shame on them! We do not need to name them. They know who they are.” There is a row of small drawings of fish at the foot of the editorial. The newsletter is sent to all members of the Chamber. An unknown person left a number of copies on display at the library of Grungetown Technical College and they remained there for two weeks. Advise Fish, Haddock and Salmon as to any claims in defamation, *...{C]ases have made clear that, as a matter of law, if A owes B a duty of care, A must attain the standard of a “reasonable person” in order to discharge that duty. In short, the duty is one to take reasonable care. The courts have recourse to a range of considerations in deciding whether this standard has been met.’ (Street on Torts) Discuss. ‘Where the claimant complains of a nuisance created by the defendant, the law is quite straightforward: complications arise in deciding when defendants should be liable for a nuisance which they have not themselves created.” Discuss. UL10/683ZA, Page 3 of 56. Wurzel, a farmer, organised a funfair on two of his fields to raise funds for a charity that he supported. Among other attractions he contracted with Dan’s Daredevilry Ltd, a company that owns and supplies fairground equipment, to set up a chair-o-plane. Louis, aged 12, attended the funfair with a group of friends. His friends suggested taking a ride on the chair-o-plane but Louis protested that he suffered from vertigo and was terrified of heights. Dan overheard this and said, “Your mates will all think you are a great wimp. There’s nothing to it. It’s just like being in a plane, There’s a bar holding you in. You can’t fall.” Louis therefore went on the ride but panicked and started screaming, “Stop it. Let me out. I can’t stay here.” When his chair reached the bottom of the ride, he found that he could squeeze up from under the bar to jump out, but hit his head on a post and was knocked out. He was taken to hospital. His mother, Stacey, was called and went straight to the hospital. Louis received expert medical treatment but never regained consciousness. After several weeks doctors told Stacey that he was in a persistent vegetative state and she agreed that his life support machine could be switched off and Louis died, Stacey had been at his bedside for almost all the time since the accident. She now suffers from a serious psychiatric illness. Advise Stacey in respect of Louis’ death and her own illness. [Do not discuss any possible liability of the manufacturers of the chair-o-plane.] 7. Vasily started work as a labourer with Go-easy Industries plc in March 2009, He had only recently arrived in the United Kingdom and his understanding of English was poor. Part of his duties included sweeping out the floors and kilns, He was given a rotary cleaner for use on the floors and a special suction cleaner for use in the kilns. Both were manufactured by Flotsam ple. A label attached to the rotary cleaner read: “CAUTION. AVOID USE AT HIGH TEMPERATURES.” Vasily found that it was difficult to reach remote comers of the kiln with the suction cleaner. He noticed that a few of his colleagues used the attachments to the rotary cleaner to reach these difficult areas, although most did not. One day in August 2009 he reached into the kiln with an attachment to his rotary cleaner. The plastic started to melt and, as Vasily tried to pull it out, he suffered extensive bums to his arms and chest. Although there have been incidents where the rotary cleaner has been damaged by use at high temperature, there has been no previous case where serious injuries have been caused to the user. Advise Vasily. UL10/683ZA Page 4 of 58. Gary was one of a syndicate of young men who won £2,000,000 in the National Lottery. Gary mentioned his good luck to Hugh, a fellow member of his football club, because he knew that Hugh’s father Ivor was a retired stockbroker. Hugh said, “I'd an e-mail from Dad last night tipping the Lydia Special Situations Fund. It’s run by a great manager apparently. Dad said to pass the tip on to my friends as well.” Gary invested a substantial part of his winnings in the fund, He also passed the tip on to other members of the syndicate and one of them, Jake, also invested in the fund, Gary decided that he should now make a will and asked Kelly, who is not a solicitor but runs a will-drafting advisory service, to help. He wanted the residue of his estate to be left to his girl friend Martha Gary was killed a few months ago. It now turns out that the will prepared by Kelly was badly drafted and is invalid. His estate therefore passes on intestacy to his mother, Nancy. The value of the Lydia Special Situations Fund has fallen by three quarters since Gary and Jake purchased their holdings, a far worse performance than any comparable investment, At the time of Ivor’s e- mail most financial commentators were not recommending the Lydia Special Situations Fund, although a few were. Advise Nancy, Jake and Martha, END OF PAPER UL10/683ZA. Page 5 of 5