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  3. London School Of Economics (LSE)
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  5. London School Of Economics
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  7. Tort Law

Exam (elaborations)

Exam/Essay Answer for 2 Tort Negligence Questions. Guaranteed 1:1
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  • Module
  • Tort Law
  • Institution
  • London School Of Economics (LSE)
  • Book
  • Tort Law

Question 1 covers employers' liability, vicarious liability and damages with ALL relevant case law + FULL bibliography. Question 2 covers occupiers' liability, children, contributory negligence and damages with cases and full bibliography. Perfect for both exam prep and essay answers! Got a 70% ...

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Document information

  • May 21, 2021
  • 14
  • 2021/2022
  • Exam (elaborations)
  • Questions & answers

Subjects

  • tort law
  • negligence
  • duty of care
  • breach of duty
  • remoteness
  • employers liability
  • occupiers liability

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  • London School of Economics (LSE)
  • London School of Economics
  • Tort Law
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QUESTION ONE

a) Paula was employed as a delivery driver for Gourmet Market Ltd. Just

to pass the time, Paula’s unemployed sister Freya would often join Paula

on the delivery run, just to keep her company. Gourmet Market Ltd had a

strict policy that no passengers were allowed in their vehicles. One

morning, Paula became distracted and crashed into a lamppost, causing

Freya to break her leg.



b) Back in the Gourmet Market Ltd warehouse, a water pipe had burst,

making the floor extremely slippery. Gourmet Market Ltd spread sawdust

across the floor. However, there was not enough to cover the whole floor.

Kate, a warehouse employee, slipped on the slippery floor, suffering from

a fractured hip.



c) A couple of years ago, Phil, Gourmet Market Ltd’s handyman, had

painted the inside of the staff room. Gourmet Market Ltd had provided him

with a tin of Redhill Paint, which had been recalled as the paint was found

to contain cancer-causing solvents. Gourmet Market Ltd were aware of

the product recall notice, but ignored it. Phil already had severe kidney

problems and exposure to the toxins in the paint triggered kidney failure,

leaving him unable to work again.

Advise Gourmet Market Ltd



QUESTION ONE

Introduction

, To see whether Gourmet Market is liable for its employees, the following

structure will be followed in the three cases: a summary of the facts,

establishing a relationship followed by a duty of care, a possible breach of that

duty, causation and remoteness. Then liability will be identified and if at all

relevant, possible defences and remedies.



Freya



Freya is the sister of a Gourmet Market employee who went against the policy

prohibiting passengers in their delivery vehicles and will only be able to claim

damages from Gourmet if she can establish that they were vicariously liable for

Kate’s negligence. The first step is to establish a duty of care. As per

Donoghue1 and Caparo,2 reasonable foresight of harm must be expected, there

must sufficient proximity and it must be fair, just and reasonable to impose a

duty. Control of a motor-vehicle creates a duty of care owed to those who might,

reasonably and foreseeably, be affected the by negligent exercise of that

control. Kate was driving so she would ordinarily be liable for Freya’s injuries.

However, we are told that she was acting as an employee, which means that

there is no need to rely on the tests of control, 3 integration,4 or economic reality

to define her status.5 It must now be established if she was acting in the course




1 Donoghue v Stevenson [1932] UKHL 100
2 Caparo Industries PLC v Dickman [1990] UKHL 2
3 Mersey Docks and Harbour Board Ltd v Coggins and Griffith (Liverpool) Ltd

[1946] 2 All ER 345 HL
4 Stevenson, Jordan & Harrison Ltd v MacDonald & Evans [1952] 1 TLR 101
5 Pimlico Plumbers Ltd v Smith [2018] UKSC 29

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