LLB Tort Law - 2024 Paper 1

Critically evaluate the development of the duty of care concept in negligence from Donoghue v Stevenson [1932] to the three-stage test in Caparo Industries plc v Dickman [1990]. To what extent does the Caparo test provide a satisfactory framework for determining when a duty of care arises? Consider whether the incremental approach adequately balances the need for legal certainty with the flexibility to develop the law in novel situations.

Dr Patel is a GP who examines Tom, a 45-year-old builder, during a routine check-up. Tom mentions persistent headaches but Dr Patel dismisses them as stress-related without ordering further tests. Six months later, Tom collapses at work and is diagnosed with a brain tumour. Medical experts agree that earlier detection would have given Tom a 40% chance of successful treatment, but now his prognosis is very poor. Tom's wife Sarah witnessed his collapse and has since developed severe anxiety and depression. Tom's employer, BuildCo Ltd, had noticed Tom appearing unwell at work for weeks but took no action. Advise Tom and Sarah as to any claims they may have in the tort of negligence.

Discuss whether the current rules on recovery for psychiatric harm in negligence are satisfactory. Consider both primary and secondary victims and evaluate proposals for reform.

GreenFields Ltd owns a chemical factory adjacent to a residential estate. Over several months, fumes from the factory cause damage to paintwork on houses within 200 metres and make residents feel nauseous. Derek, who lives 150 metres away, suffers from a pre-existing respiratory condition that is significantly aggravated by the fumes. Emily, who lives 500 metres away, claims the smell prevents her from enjoying her garden during summer. The factory has been operating with all necessary environmental permits and uses the best available technology. Advise the residents on any potential claims in nuisance and under the rule in Rylands v Fletcher.

Evaluate the current law on vicarious liability following the Supreme Court decisions in Various Claimants v Catholic Child Welfare Society [2012] and Various Claimants v Barclays Bank plc [2020]. Has the law achieved a satisfactory balance between compensating victims and imposing fair liability on defendants?