LLB Tort Law - 2024 Paper 2

Alex, a window cleaner, is hired by HomeServe Ltd to clean windows at a block of flats owned by Riverside Properties Ltd. The communal staircase has a broken handrail that Riverside Properties has known about for three months but has failed to repair. While carrying his equipment up the stairs, Alex slips on a wet patch and grabs the broken handrail, which gives way. Alex falls down the stairs, suffering a broken leg. A resident, Mrs Chen, who is descending the stairs at the time, is knocked over by Alex and breaks her hip. Mrs Chen's daughter, Priya, arrives at the scene five minutes later and sees her mother being carried into an ambulance covered in blood. Priya subsequently develops post-traumatic stress disorder. Advise Alex, Mrs Chen, and Priya of their potential claims.

The standard of care in negligence is said to be objective. Critically assess this statement with reference to the factors courts consider when determining whether the defendant has fallen below the standard of the reasonable person.

FastTrack Couriers Ltd employs Jake as a delivery driver. Jake's contract prohibits him from giving lifts to non-employees. During his shift, Jake offers a lift to his friend, Megan. While driving negligently to make up for lost time, Jake crashes into a parked car owned by Oliver. Megan suffers whiplash injuries. Jake then becomes angry at the delay and assaults a pedestrian, Neil, who had been photographing the accident scene. Advise Megan, Oliver, and Neil whether FastTrack Couriers Ltd may be held vicariously liable for Jake's actions.

Critically assess the effectiveness of the Consumer Protection Act 1987 in providing a remedy for those injured by defective products. How does the strict liability regime compare with a negligence-based approach?

Sunshine Nursery is a children's day care centre occupying a converted Victorian house. A section of the garden wall, which the nursery knows is unstable, collapses onto the public footpath. Peter, a postman walking past, is struck by debris and suffers a fractured skull. Lucy, aged 4, a child at the nursery, climbs through the gap in the wall and runs into the road where she is hit by a car driven carefully by Marcus. Marcus swerves to avoid Lucy and crashes into a lamp post, suffering minor injuries and significant damage to his car. Advise Peter, Lucy (through her parents), and Marcus of their potential claims.