2013-2014 Tort Law Exam Enhanced Feedback.doc

2013-2014 Tort Law Exam Enhanced Feedback.doc - The...

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Page 1 of 6 The University for business and the professions LLB Degree LU2008 - Law of Tort Part II Examination Main Date - Time All questions carry equal marks Please answer THREE of the SIX questions provided. One answer booklet should be provided. Calculators are not permitted. Translation dictionaries are permitted. Permitted materials: Any statute book This exam paper may be removed from the exam room. Internal Examiner: Dr Jesse Elvin External Examiner: Dr Theodora Nikaki The City Law School Department of Law
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1. ‘The law does not generally treat us as our brother's keeper, responsible for what he may choose to do to his own disadvantage. It is his choice’ ( Corr v IBC Vehicles Ltd [2008] UKHL 13, [10] per Lord Bingham). Discuss. This question required students to analyse cases involving claimants who were injured while engaged in activities that they realised, or should have realised, are dangerous. Cases on duty of care (e.g. Vellino v Chief Constable of Greater Manchester [2002] 3 All ER 78), breach of duty (e.g. Tomlinson v Congleton Borough Council [2003] 3 All ER 1122), remoteness (e.g. Reeves v Metropolitan Police Commissioner [1999] 3 All ER 897 and Corr v IBC Vehicles Ltd [2008] UKHL 13), contributory negligence (e.g. Badger v Ministry of Defence [2005] EWHC 2941), and consent (e.g. ICI v Shatwell [1965] AC 656 and Morris v Murray [1990] 3 All ER 801) were all relevant in this context. The best answers critically analysed the case law, rather than just described it. Students tended to write general essays on duty and failed to apply the law to the question. 2. ‘The most important factors in liability for nuisance are the locality of the alleged nuisance and the sensitivity of the claimant’s use of land.’ Discuss. This question required students to discuss the factors that are relevant in determining whether D has committed an actionable nuisance. In particular, they have should have focused upon the factors that determine whether D has committed an unreasonable interference. Good answers demonstrated an understanding of the point made by Lord Wright in Sedleigh-Denfield v O’Callaghan [1940] AC 880, 903: A balance has to be maintained between the right of the occupier to do what he likes with his own, and the right of his neighbour not to be interfered with. It is impossible to give any precise or universal formula, but it may broadly be said that a useful test is perhaps what is reasonable according to the ordinary usages of mankind living in society, or more correctly in a particular society. Students should have recognised that it would be misleading to say that the most important factors in liability for nuisance are the locality of the alleged nuisance and the sensitivity of the claimant’s land. Some students spent too long on public nuisance and Rylands v Fletcher liability even though the question is clearly about private nuisance.
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