Part 2: Tort Law Case Studies (1 to 3 questions worth 3 marks and question 4 worth 6 marks) Total Marks 15 marks.

1. Causation Principles:

Consider each of the following fact situations (a - c) and suggest whether or not causation is present (In your answer refer to the relevant elements of causation in the Civil Liability Act):

a.

b.

A person was sitting in a stationary car that was hit from behind by another car. He was thrown forward and struck his head on the steering wheel. The collision resulted only in minor damage to the vehicles and minor injuries to the driver of the second car. The accident triggered a benign growth that developed into an inoperable malignant tumour in the first driver. Is the driver of the second vehicle liable for the benign tumour becoming malignant?

A person was hospitalised after injuring themselves at work. Owing to a pre-existing brittle bones condition, they fractured their leg while in hospital. This more than doubled the amount of time they had to spend in hospital and, as a result, their expenses were high. Is the employer liable for the injuries received while the employee was in hospital?

c.

Case Reviews:

STUDENTS MUST CONSIDER THE FOLLOWING IN THEIR ANSWERS (You can answer the questions above below each of the scenarios to make it easier):

1. LIST the tortious acts or omissions in the above scenarios: Jean, Ian and Polly.

2. LIST the causes of action, based on the laws of tort, that are available and the elements that need to be made out for the listed matters giving legal reasons, (refer to relevant case(s) and/or legislation where appropriate).

While police were pursuing a thief, a decayed tree fell on to the police car. Is the thief responsible for the damage to the police car and its occupants?

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3. What defense(s), if any, can the tortfeasor's raise and how successful might those defenses be?

4. What court can hear these damage claims?

2. Jean V East End Four Corners Supermarket

Jean was a regular shopper at East End Four Corners Supermarket, which was part of a large nationwide supermarket chain. She was there at least once a week and sometimes more often if the specials were really good.

When Jean was there this week, she slipped on some grapes in the pet-food section in aisle 3, slipping and falling, and breaking her ankle. The store manager was not sure how the grapes got there or how long they had been there, but store policy was to do checks every 15 minutes of the floor in the fruit section. The store manager indicated that there were a number of spillages every week in the green grocery section of the store.

The store owner wishes to know whether East End Four Corners Supermarket owes a duty of care to Jean and if it has breached that duty of care? Jean has been advised the quantum of her damages, including out of pocket expenses past/future; economic loss past/future and general damages pain and suffering, total $1.3M.