LLB Tort Law - Practice Paper 5

Pinnacle Construction Ltd is building a luxury apartment complex. It subcontracts the plumbing to AquaFlow Ltd and the electrical work to Volt Services Ltd. Volt Services negligently installs wiring in Apartment 12, creating a fire risk. Six months after the apartments are sold, a fire breaks out in Apartment 12 owned by Freya. The fire destroys Freya's furniture worth £20,000 and causes structural damage to the apartment. Freya is away when the fire occurs but her neighbour Greg, who lives in Apartment 11, smells smoke and breaks down Freya's door to rescue Freya's cat. Greg suffers smoke inhalation. The fire spreads to Apartment 11, destroying Greg's art collection worth £80,000. The fire also causes a power outage throughout the building. Hannah, who lives in Apartment 20 on a different floor, is trapped in a lift for three hours during the power outage and develops severe claustrophobia. Ivan, a prospective buyer who was scheduled to view an apartment the following day, loses interest and purchases elsewhere. The developer claims £100,000 in lost profit from the failed sale. Advise all parties, considering claims against Pinnacle, AquaFlow, and Volt Services.

Critically evaluate the role of policy in the development of tort law. With reference to specific areas of liability, assess whether policy considerations enhance or undermine the coherence of tort doctrine.

Dr Singh runs a private medical practice. She prescribes medication to patient Lisa without checking Lisa's medical records, which clearly note a severe allergy to the medication. Lisa suffers anaphylactic shock and is rushed to hospital. At the hospital, Dr Khan treats Lisa but negligently administers an excessive dose of adrenaline, causing Lisa to suffer a cardiac arrest. Lisa survives but with permanent heart damage. Medical experts agree that: (a) if Dr Singh had checked the records, she would not have prescribed the medication; (b) if Dr Khan had administered the correct dose of adrenaline, Lisa would have recovered fully from the anaphylactic shock with no lasting effects; (c) the cardiac arrest was caused solely by the excessive adrenaline, not the anaphylactic shock. Lisa's partner, Maria, who accompanied Lisa to hospital, watched the cardiac arrest through a window in the resuscitation room door and saw medical staff performing chest compressions. Maria develops severe PTSD. Lisa and Maria are in a civil partnership. Advise Lisa and Maria.

Examine the interaction between tort law and human rights law in the context of negligence liability of public authorities. How has the European Convention on Human Rights influenced the development of duty of care principles, and what tensions arise?

Riverside Council operates a public park with a large ornamental lake. The lake has a designated swimming area with lifeguards during summer months, but the rest of the lake has signs reading "No Swimming - Deep Water." In September, after the lifeguards have finished for the season, teenager Oliver (aged 16) climbs over a low fence to swim in the lake. The fence is only waist-high and easy to climb. Oliver dives into shallow water near the edge and suffers a spinal injury resulting in paralysis. Oliver's friend Petra (aged 17) jumps in to rescue Oliver and suffers hypothermia requiring hospital treatment. Petra's mother Queenie is called by the hospital and drives there. She arrives to find Petra shivering and blue-lipped in a hospital bed and develops an acute stress reaction. Oliver's father Russell, who is estranged from Oliver and has not seen him for two years, reads about the accident on social media the following day and suffers a depressive episode. Advise Oliver, Petra, Queenie, and Russell.