LLB Tort Law - Practice Paper 1

Critically assess the doctrine of remoteness of damage in negligence. Compare the approaches in Re Polemis [1921] and Overseas Tankship (UK) Ltd v Morts Dock (The Wagon Mound) [1961]. Does the foreseeability test achieve justice?

Apex Electrical Ltd supplies industrial equipment. It sells a generator to FactoryFirst Ltd. The generator has a wiring defect that causes it to overheat. The overheating damages a conveyor belt system worth £10,000 adjacent to the generator. Production at the factory halts for two weeks, costing FactoryFirst £50,000 in lost profits. A factory worker, Brian, is burned when the generator catches fire. Brian's colleague, Carol, who has completed a first aid course, rushes to help and slips on oil spilled during the fire, breaking her ankle. David, the factory manager, sees Brian engulfed in flames from his office window and develops severe PTSD. Advise all parties.

Discuss the scope of employers' liability at common law. How effectively does the law protect employees from workplace injuries?

Harmony Music Festival is held annually on farmland owned by Jack. The festival is organised by EventPro Ltd, which hires the land from Jack. During the festival, a temporary stage collapses because EventPro used substandard materials to cut costs. Performer Kate is injured when she falls three metres from the stage. An audience member, Liam, is struck by falling stage equipment and suffers serious head injuries. Liam's girlfriend, Maya, who is standing 50 metres away in the crowd, sees Liam being carried away on a stretcher and later learns he has a permanent brain injury. Maya develops clinical depression. Nadia, a security guard employed by SecureEvents Ltd (a subcontractor hired by EventPro), tries to clear the area after the collapse and is injured by unstable debris. Advise Kate, Liam, Maya, and Nadia.

Discuss the principle of novus actus interveniens (intervening act) in the law of negligence. How do courts distinguish between events that break the chain of causation and those that do not?