LLB Tort Law - 2024 Paper 4

BrightStar Electronics manufactures laptop batteries. A batch of batteries is found to have a defect causing them to overheat and occasionally catch fire. Claire purchases a BrightStar laptop from PC World. While charging, the laptop overheats and causes a fire that damages Claire's desk worth £500 and destroys her PhD thesis notes (irreplaceable documents). Her housemate, Dev, who is asleep upstairs, inhales smoke and is taken to hospital. The laptop itself, worth £800, is destroyed. BrightStar argues that the defect could not have been discovered given the state of scientific knowledge at the time of manufacture. Advise Claire and Dev.

Discuss the defence of contributory negligence. How do courts assess the claimant's share of responsibility, and is the current approach satisfactory?

Sandra runs a popular food blog. In a recent post, she writes: "I had dinner at Antonio's restaurant last week. The food was revolting and I'm pretty sure I saw a rat in the kitchen. No wonder half the town has had food poisoning after eating there." Antonio's restaurant has an excellent hygiene rating and no complaints of food poisoning have been reported. Antonio has noticed a significant drop in bookings since Sandra's post. Sandra's blog has 50,000 followers. Sandra argues that she was merely expressing her honest opinion. Advise Antonio on a potential claim in defamation.

Evaluate the rule in Rylands v Fletcher. Does it serve any useful purpose in modern tort law, or has it been rendered redundant by the development of negligence and statutory environmental regulation?

Helen is a nurse employed by Greendale Hospital NHS Trust. During a night shift, she negligently administers the wrong medication to patient Ian, who suffers an allergic reaction requiring emergency treatment. Ian's wife, Janet, is telephoned by the hospital and told Ian is critically ill. Janet drives to the hospital in a panic and, upon arriving, sees Ian unconscious in intensive care surrounded by medical equipment. Janet develops severe depression. Meanwhile, Karen, another nurse on duty, witnesses the incident and tries to resuscitate Ian. Karen develops PTSD. Advise Ian, Janet, and Karen on their potential claims.