Durham BA: Tort Law Paper

Archie, a experienced plumber, is contracted by Brightstone Council to repair pipework in a public swimming pool. While working, he notices that the changing room floor tiles are cracked and visibly hazardous but says nothing to the council. That afternoon, Priya, a member of the public using the pool, slips on the cracked tiles and fractures her wrist. Separately, ten-year-old Connor, who has sneaked into the pool facility through a gap in the perimeter fence the council knew about, dives into the shallow end of an unmarked pool section and suffers a serious spinal injury. Advise Priya and Connor as to any claims they may have in tort against Brightstone Council. [25 marks]

Dr Fenwick, a consultant surgeon, performs a hip replacement operation on Margaret, aged 67. During pre-operative consultation, Dr Fenwick fails to disclose that there is a 3% risk of nerve damage leading to permanent foot-drop, a risk that a reasonable patient in Margaret's position would have considered material. The operation is performed competently but Margaret suffers nerve damage and develops foot-drop. Margaret says she would not have consented to the operation at that time had she been warned, as her daughter's wedding was six weeks later, and she would have deferred the surgery until after the wedding. Separately, Dr Fenwick delegates routine post-operative wound checks to a junior doctor, Sasha, who negligently fails to identify an infection, which spreads and requires a second corrective surgery. Advise Margaret. [25 marks]

Harriet owns and operates a chemical processing plant adjacent to Greenfield, a residential estate. Following heavy rainfall, a storage lagoon at the plant breaches, releasing a large quantity of industrial solvent onto Greenfield. Several residents suffer property damage and a foul odour persists for weeks, causing distress and disruption to daily life. Harriet's plant had been lawfully established and had operated without incident for twenty years. Separately, Harriet's employees regularly play loud music from industrial speakers during night shifts, disturbing residents' sleep. Advise the Greenfield residents as to any claims in the tort of private nuisance and under the rule in Rylands v Fletcher. [25 marks]

Critically evaluate the extent to which the courts have developed a coherent and principled framework for the recovery of pure economic loss in the tort of negligence following Donoghue v Stevenson [1932] AC 562. [25 marks]

The law of vicarious liability has expanded significantly beyond its traditional boundaries. Critically assess whether the Supreme Court's decisions in recent years have produced a principled and workable doctrine, or whether they have generated uncertainty that undermines the coherence of tort law. [25 marks]