Oxford BA: Negligence Exam Paper

Ava, a structural engineer, negligently certifies a building as safe. The building is purchased by Ben, who suffers no physical injury but discovers the foundations are defective, requiring £200,000 in repairs. Ben's tenant, Clara, is injured when a ceiling collapses. Clara's mother, Diana, who was not present but saw the aftermath on live television news coverage, develops severe PTSD. Advise Ben, Clara, and Diana as to any claims they may have against Ava in the tort of negligence.

"The law of negligence has become unduly restrictive in its approach to pure economic loss, creating arbitrary distinctions that fail to reflect commercial reality." Critically evaluate this statement with reference to the case law.

Dr Evans, a GP, examines Fiona who complains of persistent headaches. Dr Evans diagnoses tension headaches and prescribes painkillers. A competent neurologist would have ordered an MRI scan. Six months later, Fiona collapses and is diagnosed with a brain tumour. Medical evidence suggests that if the tumour had been detected six months earlier, Fiona would have had a 40% chance of full recovery. With the delay, her chance has fallen to 10%. Advise Fiona as to any claim in clinical negligence against Dr Evans.

"Vicarious liability is a doctrine of convenience rather than principle, imposing liability on employers who are not themselves at fault." Critically assess the justifications for vicarious liability in light of recent Supreme Court decisions.