LSE: Tort Law Exam Paper

Dr. Sarah, a GP, negligently prescribes medication to which her patient Peter is allergic, despite the allergy being clearly noted in his medical records. Peter suffers anaphylactic shock and is rushed to hospital. At the hospital, Nurse Jenny, who has been working a 16-hour shift, accidentally administers the wrong blood type during a transfusion. Peter suffers severe complications and requires extensive treatment costing £50,000. Peter also loses his job as a concert pianist due to nerve damage in his hands. His wife Mary develops severe depression after witnessing Peter's suffering and requires psychiatric treatment. Advise Peter and Mary on their potential claims in negligence.

"The current approach to establishing a duty of care in negligence, following Caparo v Dickman, provides insufficient certainty and coherence for modern tort law." Critically evaluate this statement with reference to recent judicial and academic developments.

TechCorp, a software company, develops a new autonomous vehicle system. During testing, their employee Jake carelessly uploads faulty code that causes test vehicle crashes. The software is later licensed to CarMaker Ltd, who installs it in 10,000 vehicles sold to the public. Six months later, the faulty code causes a multi-vehicle accident on the M25. Emma, a passenger in one affected vehicle, suffers severe injuries. Local garage owner Fred loses £30,000 in business when the motorway closure diverts traffic away from his premises. The government spends £2 million on emergency response and road repairs. Meanwhile, TechCorp's shares plummet, causing pension fund investor George to lose £100,000. Analyse the potential negligence claims against TechCorp and Jake.

"The 'but for' test for factual causation in negligence, while appearing straightforward, creates significant practical and theoretical difficulties in complex cases." Critically assess this statement, with particular reference to multiple sufficient causes, loss of chance, and evidential problems.