LLB Tort Law - 2024 Paper 5

Mega Motors Ltd manufactures sports cars. Leo purchases a Mega Motors car from a dealership. Six months later, while Leo is driving at the speed limit, the steering mechanism fails due to a manufacturing defect. Leo loses control and crashes into a wall. Leo suffers a broken arm. His passenger, Martha, who was not wearing a seatbelt, is thrown forward and suffers facial injuries that would have been prevented by a seatbelt. Nathan, a motorcyclist travelling behind Leo, brakes hard to avoid the crash and falls off his bike, suffering road rash and a dislocated shoulder. Olivia, who is standing at a nearby bus stop, witnesses the crash and develops acute stress disorder. She has no connection to any of the people involved. Advise all parties.

To what extent does the defence of volenti non fit injuria remain relevant in modern tort law? Consider its relationship with contributory negligence and its application in specific contexts including sport and employment.

Riverside Council maintains a stretch of canal towpath that is popular with joggers and dog walkers. A large tree on council land has been leaning dangerously over the towpath for several months. The council's tree officer noted the tree in a report six months ago but no action was taken due to budget constraints. During a storm, the tree falls across the towpath. Paul, who is jogging along the towpath during the storm, is struck by a branch and suffers a concussion and broken collarbone. Queenie is walking her dog on the towpath when the tree falls, blocking her path. She attempts to climb over the fallen tree to continue her walk and slips, breaking her wrist. Queenie's dog, Rex, a pedigree worth £5,000, runs away in fright and is hit by a car on a nearby road, dying instantly. Advise Paul and Queenie.

Examine the tort of public nuisance and its relationship with private nuisance. Should public nuisance remain a distinct tort, or should it be abolished?

SafeGuard Security Ltd employs uniformed security guards at shopping centres. While on duty at MegaMall, guard Steve becomes involved in an argument with a shopper, Tina, who he suspects of shoplifting. Steve grabs Tina's arm firmly, causing bruising, and searches her bag without consent, finding nothing stolen. Steve then follows Tina to the car park where, off duty after his shift has ended, he keys her car causing £2,000 in damage. MegaMall's CCTV operator, Ursula, who watched the confrontation on screen, is so distressed by what she saw that she develops anxiety disorder and is unable to return to work. Advise Tina and Ursula on any claims, including whether SafeGuard Security Ltd may be vicariously liable.