LLB Tort Law - 2024 Paper 3

Critically evaluate the rules on factual and legal causation in negligence. To what extent do the exceptions to the "but for" test in cases such as Fairchild v Glenhaven Funeral Services [2002] represent a principled development of the law, or are they merely pragmatic responses to evidential difficulties?

TechBuild Ltd is constructing a new office building. Dave, a site worker, is injured when scaffolding collapses because it was not properly secured by his colleague, Sam. Dave's safety helmet, supplied by TechBuild, was cracked and did not provide adequate protection, resulting in a head injury that would otherwise have been minor. Dave had noticed the crack in his helmet that morning but chose not to report it because he did not want to delay work. Rachel, a pedestrian walking past the site, is hit by falling debris. She was on a public footpath that TechBuild had failed to close off despite knowing that debris regularly fell beyond the site boundary. Rachel's pre-existing brittle bone condition means she suffers fractures far more severe than a healthy person would. Advise Dave and Rachel.

Analyse the distinction between trespassers and lawful visitors under the Occupiers' Liability Acts 1957 and 1984. Is the lower standard of care owed to trespassers justified?

Westfield Council operates a public swimming pool. A 'No Diving' sign is displayed at the shallow end, but the sign is partially obscured by a noticeboard. James, aged 22, dives into the shallow end and suffers a spinal injury. He claims he did not see the sign. Kayla, aged 8, is attending the pool with her school. While the teacher is distracted, Kayla wanders into a staff-only area where cleaning chemicals are stored in unlocked cabinets. She opens a bottle out of curiosity and suffers chemical burns. The pool's lifeguard, Tom, rushes to help Kayla and slips on a wet surface in the staff area, injuring his knee. Advise James, Kayla, and Tom.

Discuss the law of private nuisance with particular reference to the factors courts use to determine whether an interference is unreasonable. How effectively does the tort balance the competing interests of landowners?