5SSMN216
SECTION A
You must answer at least ONE question from this section. You
may answer a maximum of TWO questions from this section.
Students should not exceed more than 1000 words per
question.
QUESTION 1
It is arguable that the control mechanisms relating to psychiatric
damage operate arbitrarily in excluding from the right to be
compensated for damages, those claimants not obviously less
deserving of compensation, than those who will succeed in their
claims.
Analyse this statement relating to how the right to
compensation for claimants suffering psychiatric damage has
been dealt with by the law.
QUESTION 2
Sadiq is driving his business partner Amelie to the airport on a dark
evening so that she can catch an overnight plane to the USA for an
important meeting. The roads are very busy and Amelie is concerned
that she will miss her flight. After they have waited at a red light for
some time, Amelie shouts: ‘Just go – the traffic lights are obviously not
working. There is nothing coming – hurry up and get a move on.’ Sadiq
can see no traffic approaching and moves across the junction. He
collides with a bicycle being driven at speed by Pedro, who is wearing
dark clothes and has no lights on his bicycle. Amelie, who is not
wearing a seat belt, is injured and Pedro, who has unusually brittle
bones, dies of his injuries.
Advise Sadiq of his liability, if any, in the tort of negligence.
5SMN216
QUESTION 3
Last summer, Fleur, a 25-year-old surveyor, sustained a knee injury
whilst playing for her firm’s netball team in an amateur league
competition. After being examined by her doctor, it was arranged for
her to attend a small private clinic (the JumpHigh Clinic Ltd) for an
operation to remove some cartilage from her knee. She was told by
, the specialist at the clinic that the operation was straightforward, and
she would not suffer any on-going disability. Unfortunately, during the
course of the operation, the blade of a pair of surgical scissors broke
and lodged in Fleur’s knee joint, thereby prolonging and complicating
the operation.
Fleur has now been advised that she will suffer from a permanent limp
and will be unable to play netball again.
Subsequent tests have revealed that the scissors had not been subject
to adequate heat treatment during manufacture, thus rendering them
brittle and liable to break under pressure. JumpHigh Clinic Ltd bought
the scissors from the manufacturers Blades (UK) Ltd.
Advise Fleur of her rights and remedies in tort, if any, against
JumpHigh Clinic Ltd and Blades (UK) Ltd.
SECTION B
You must answer at least ONE question from this section. You
may answer a maximum of TWO questions from this section.
Students should not exceed more than 1000 words per
question.
QUESTION 4
Afia owns a country cottage which she rents out to raise extra income.
The cottage was in need of repair, and she employed Casper to put in
new window frames and Diu to replace the flat roof on the extension.
Casper agreed to do the work for £ 5000 and Diu for £2500. They both
agreed the work would be done by the end of March, as Afia had
accepted a booking for 4th April.
Casper started work, but on 15th March, he telephoned Afia to say he
had underestimated the cost of building materials and he would not
be able to finish the windows unless she paid him an additional £750.
Afia protested but then reluctantly agreed as she did not want to
disappoint the family who had booked the cottage for 4th April, and
she decided it would be difficult to get someone to finish the building
work at such short notice. Casper did finish the work on time.
Diu replaced the flat roof and Afia asked her if she would take £2000
as bookings for the summer were disappointing and she was rather
short of money. Diu agreed to take £2000 in full and final settlement
and Afia paid her that amount.
Afia has paid Casper £5000 but is reluctant to pay the extra £750 as
promised. Also, she has now received an email from Diu saying she
has heard the cottage is now fully booked and is demanding Afia pays
SECTION A
You must answer at least ONE question from this section. You
may answer a maximum of TWO questions from this section.
Students should not exceed more than 1000 words per
question.
QUESTION 1
It is arguable that the control mechanisms relating to psychiatric
damage operate arbitrarily in excluding from the right to be
compensated for damages, those claimants not obviously less
deserving of compensation, than those who will succeed in their
claims.
Analyse this statement relating to how the right to
compensation for claimants suffering psychiatric damage has
been dealt with by the law.
QUESTION 2
Sadiq is driving his business partner Amelie to the airport on a dark
evening so that she can catch an overnight plane to the USA for an
important meeting. The roads are very busy and Amelie is concerned
that she will miss her flight. After they have waited at a red light for
some time, Amelie shouts: ‘Just go – the traffic lights are obviously not
working. There is nothing coming – hurry up and get a move on.’ Sadiq
can see no traffic approaching and moves across the junction. He
collides with a bicycle being driven at speed by Pedro, who is wearing
dark clothes and has no lights on his bicycle. Amelie, who is not
wearing a seat belt, is injured and Pedro, who has unusually brittle
bones, dies of his injuries.
Advise Sadiq of his liability, if any, in the tort of negligence.
5SMN216
QUESTION 3
Last summer, Fleur, a 25-year-old surveyor, sustained a knee injury
whilst playing for her firm’s netball team in an amateur league
competition. After being examined by her doctor, it was arranged for
her to attend a small private clinic (the JumpHigh Clinic Ltd) for an
operation to remove some cartilage from her knee. She was told by
, the specialist at the clinic that the operation was straightforward, and
she would not suffer any on-going disability. Unfortunately, during the
course of the operation, the blade of a pair of surgical scissors broke
and lodged in Fleur’s knee joint, thereby prolonging and complicating
the operation.
Fleur has now been advised that she will suffer from a permanent limp
and will be unable to play netball again.
Subsequent tests have revealed that the scissors had not been subject
to adequate heat treatment during manufacture, thus rendering them
brittle and liable to break under pressure. JumpHigh Clinic Ltd bought
the scissors from the manufacturers Blades (UK) Ltd.
Advise Fleur of her rights and remedies in tort, if any, against
JumpHigh Clinic Ltd and Blades (UK) Ltd.
SECTION B
You must answer at least ONE question from this section. You
may answer a maximum of TWO questions from this section.
Students should not exceed more than 1000 words per
question.
QUESTION 4
Afia owns a country cottage which she rents out to raise extra income.
The cottage was in need of repair, and she employed Casper to put in
new window frames and Diu to replace the flat roof on the extension.
Casper agreed to do the work for £ 5000 and Diu for £2500. They both
agreed the work would be done by the end of March, as Afia had
accepted a booking for 4th April.
Casper started work, but on 15th March, he telephoned Afia to say he
had underestimated the cost of building materials and he would not
be able to finish the windows unless she paid him an additional £750.
Afia protested but then reluctantly agreed as she did not want to
disappoint the family who had booked the cottage for 4th April, and
she decided it would be difficult to get someone to finish the building
work at such short notice. Casper did finish the work on time.
Diu replaced the flat roof and Afia asked her if she would take £2000
as bookings for the summer were disappointing and she was rather
short of money. Diu agreed to take £2000 in full and final settlement
and Afia paid her that amount.
Afia has paid Casper £5000 but is reluctant to pay the extra £750 as
promised. Also, she has now received an email from Diu saying she
has heard the cottage is now fully booked and is demanding Afia pays
