GDL Tort Law - Paper 1

Critically evaluate the concept of duty of care in the tort of negligence. Trace the development from Donoghue v Stevenson (1932) through Anns v Merton LBC (1978) to the current incremental approach in Caparo Industries v Dickman (1990). Assess whether the three-stage test provides sufficient certainty and flexibility, and consider the Supreme Court's approach in Robinson v Chief Constable of West Yorkshire (2018).

Ava is a council building inspector who negligently approves plans for a new office block developed by BuildRight Ltd. The foundations are defective, causing cracks in the neighbouring property owned by Ben. A ceiling tile falls from the office block, injuring a visitor, Clara, who suffers a broken arm. Clara's husband, Dev, who witnesses the incident from across the street, suffers post-traumatic stress disorder. Meanwhile, BuildRight's accountant, Ella, negligently overvalues the company, causing investor Finn to lose £200,000. Advise all potential claimants on their prospects in negligence.

Critically assess the law on vicarious liability. Evaluate the Supreme Court's decisions in Various Claimants v Catholic Child Welfare Society (2012) and Barclays Bank v Various Claimants (2020). Consider the tests for establishing the employment relationship and the 'close connection' test for course of employment. Discuss whether the current law adequately balances the interests of claimants, employers, and independent contractors.

GreenFields Farm borders a residential estate. The farm's irrigation system malfunctions, flooding several gardens and damaging property. The farm also emits strong odours from livestock, which residents have complained about for two years. Helen, a resident, develops respiratory problems allegedly caused by the odours. Ian, a child who trespasses onto the farm, falls into an unfenced slurry pit and is seriously injured. The farm owner, Janet, argues she has operated the farm for 20 years without complaint and that the residential estate was built after the farm was established. Advise the residents, Helen, and Ian on their potential claims.

Evaluate the law on causation in negligence, with particular reference to the 'but for' test and its exceptions. Discuss the material contribution to harm test from Bonnington Castings v Wardlaw (1956), the material increase in risk approach from Fairchild v Glenhaven Funeral Services (2002), and the loss of chance doctrine. Assess whether the current law on causation is coherent or whether it represents unprincipled pragmatism.