LLB Tort Law - Practice Paper 4

The tort of negligence has been described as the dominant tort of the modern era. Critically assess whether negligence has expanded too far, examining areas where courts have imposed limits on liability and evaluating whether those limits are principled or merely pragmatic. Consider the treatment of pure economic loss, psychiatric harm, and public authority liability.

NovaTech Ltd designs and manufactures industrial robots. It sells a robotic arm to AutoParts Factory. The robot is programmed by SoftCode Ltd, a specialist software company. Due to a programming error by SoftCode, the robotic arm malfunctions during operation and strikes factory worker Ava, crushing her hand and causing permanent disability. The robotic arm also damages a conveyor belt system worth £30,000 and a batch of finished components worth £50,000. AutoParts' factory must shut down for three weeks for safety inspections, losing £150,000 in revenue. Ava's colleague, Ben, who was operating the robot from a control panel 10 metres away, watches in horror as the arm strikes Ava. He suffers from flashbacks and is diagnosed with PTSD. Ava's husband, Chris, who works in the same factory but was in a different building at the time, is told by a colleague and rushes over to find Ava being attended to by paramedics with her hand bandaged. Advise all parties.

Analyse the concept of non-delegable duties in tort law. Why do they exist, and what is their current scope following Woodland v Essex County Council [2013]?

Zenith Airlines operates flights from London to New York. During a flight, severe turbulence causes the overhead luggage compartments to open, and a heavy suitcase falls on passenger Anna, fracturing her skull. Anna is sitting in seat 14A. The suitcase belongs to passenger Bob in seat 14B, who had been told by a flight attendant that his oversized case would be fine in the overhead compartment. The turbulence was not forecast by weather services, though pilots' union guidance recommends keeping seatbelt signs on during oceanic crossings as a precaution. Anna's husband Darius, who is seated in row 30, hears screaming but does not see the incident. He is told by a flight attendant that his wife has been seriously injured. Upon reaching Anna, he sees her unconscious with blood on her face. Darius develops acute anxiety disorder. Ellie, seated in 14C, suffers no physical injury but witnesses the suitcase strike Anna and the blood, developing severe insomnia and panic attacks diagnosed as an adjustment disorder. Advise all parties.

The Daily Tribune newspaper publishes an article stating: "Local councillor Victoria Mansfield accepted £50,000 in bribes from property developer WestBuild in exchange for favourable planning decisions. Sources close to the investigation confirm that Mansfield has been under police scrutiny for months." Victoria has never been under police investigation and no bribes were paid. The article was written by journalist Wendy based on a single anonymous source who she did not verify. WestBuild's shares drop 15% following publication, and two major contracts are cancelled. Victoria's political party suspends her pending investigation, and she receives death threats online. Victoria's husband, Xavier, who is not named in the article, claims colleagues at his workplace have been making snide remarks about his wife, causing him humiliation. Advise Victoria, WestBuild, and Xavier on potential claims in defamation and any other relevant tort.