Learning Outcomes

You work will be assessed against the following learning outcomes:

• Demonstrate sound knowledge and understanding of the relevant legal principles or rules in the law of tort and the broader context within which the law operates.

• Analyse problems in order to apply tort law and identify solutions to the legal, factual and practical issues which arise.

• Undertake directed and self-directed research to retrieve information from a range of sources.

• Utilise data presented in numerical form and derive appropriate conclusions.

• Construct a logical argument in order to reach an informed, coherent and logical conclusion.

• Communicate clearly and concisely, using correct grammar and using appropriate technical legal language where necessary.

Assessment Task

Six months ago, Oliver held a 50th birthday party at his house. A number of incidents arose from this. Please read the Extract from the witness statement of Oliver which follows and prepare an oral presentation advising on the issues below:

1. Advise Oliver whether Aisha is likely to have a successful claim against him under the Occupiers' Liability Act 1957.
2. Advise Ibrahim whether he can successfully sue the taxi company under the principle of vicarious liability.
3. Assuming Ibrahim is successful in his claim, explain the damages he could expect to recover and how they will be assessed.
4. Advise Oliver whether he can successfully sue the manufacturer of the vase for his cut hand under the Consumer Protection Act 1987.
5. Advise Oliver whether his neighbour can successfully sue him in private nuisance.
6. Advise Oliver whether his neighbour can successfully sue him in battery.

You should refer to case law and statute as appropriate to support your submissions.

Your presentation should include reference to defences as appropriate.

Unless specifically asked in one of the questions above, do not discuss how damages would be assessed as part of your presentation. Your presentation should not exceed 15 minutes. After your presentation is complete you can be asked questions on anything arising from the scenario. This may include other potential claims arising from the scenario.

Extract from a witness statement by Oliver.

I live in Greenlea in a house which I own. Greenlea is a quiet village in the country. Six months ago I held a party at my home to celebrate my 50^th birthday. I invited 40 guests. A number of unfortunate incidents arose from this.

One of my guests, Aisha, was injured during the party. As she descended the stairs, the bannister gave way. She fell and broke her arm. I was obviously upset by this, but I do not believe I am to blame. Two weeks before my party I had the bannister repaired by a reputable firm of carpenters. I have since been advised that the issue was that specialist fastenings had not been properly secured to the wall, and that I could not have been expected to realise this was an issue. I believe any fault lies with that firm.

Later, when the party ended, another guest, Ibrahim, phoned the local taxi company to book a taxi to take him home. The taxi company sent their employee driver, Eva, to collect Ibrahim. On the journey to Ibrahim's house, Eva carelessly drove through a red traffic light. She crashed into another vehicle and injured Ibrahim. Ibrahim had not been wearing his seatbelt at the time of the collision.

Ibrahim sustained a serious break to his leg and needed an operation. Ibrahim is a salesman. His job involves travelling around the country to visit his clients. Due to his broken leg he had to take time off work and lost two months' salary. His annual salary is 120,000 net of tax and National Insurance. Ibrahim was also unable to play hockey for five months.

The day after my birthday I opened my presents. One present was a vase. As I lifted it out of the box, the vase broke, and a sharp piece of glass cut my hand. I have since been advised that there was a manufacturing defect with the vase which caused it to break.

A few days later my neighbour, who owns and lives in the house next door, visited me to complain about the noise from my party. Admittedly it was rather noisy with the music and 40 guests, but it was my birthday. However, my neighbour commented that she is frequently disturbed by my loud music. I do enjoy listening to music most evenings and you have to play it quite loud to properly appreciate it. I was annoyed by her complaint and I'm ashamed to say that I pushed my neighbour off my doorstep. She looked startled but was not physically injured.