Brittney works as a claims handler for XYZ Ltd, an insurer. A policyholder of XYZ Ltd is a local authority, which has responsibility for a children's outdoor playground. The local authority telephones Brittney to discuss a claim. The local authority has received a claim against it for personal injury to a child who had fallen off a slide in the playground. The local authority admits to Brittney that it had failed to maintain the slide and it was this lack of maintenance that caused the child to fall off the slide.

(a) Identify, with justification, the tort that the local authority is most likely to have committed. Your answer must not include the common law tort of negligence.

(b) Explain briefly, the legal remedy available to the child in respect of their personal injury.