BLAW2014 TORTS TUTORIAL THREE

Topic 2: Influences on the development of Tort Law; Introduction to negligence; Introduction to the Duty of care

Part 1

Think about the following questions:

1.Think about a situation where someone falls over in a supermarket and breaks their back. What damage is likely to arise in a situation such as this? How would the damage be categorised?

2.If someone falls over in a supermarket because the supermarket has been negligent, and breaks their back, should they be able to claim compensation from the supermarket for the pain and suffering caused to them (ie as distinct from medical expenses and other types of loss)? What about if they break their ankle? What about if they only sprain their ankle?

3.If a claim was made against a supermarket, who would probably pay the money? Would this affect the supermarket? Would it affect the supermarket's customers?

4.If someone falls over in a supermarket and breaks their back and they cannot prove that the anyone was negligent (ie it is just an accident) should they be able to claim compensation for the pain and suffering?

5.If you said 'yes' or 'maybe' to question 3, who would pay this money?

6.If you were a lawyer for an insurance company and you were faced with thousands of 'small' claims from people for minor injuries (eg sprained ankles) do you think you would be more likely to try to settle these claims or fight them through the courts? Why?

Part 3

1.Does a supermarket have a duty to take reasonable care of the safety of customers on their premises?

2.Imagine that as a result of a person falling in a supermarket and suffering serious injury, the person is no longer able to continue working. Imagine that person was the chief designer of a very famous brand of footwear and so their creative talent was lost to the employer for ever - what kind of loss has the employer suffered as a result of the accident?