Discuss the following questions. You are expected to refer to the general principles of tort law and in particular to the cases you have studied.



Coursework Assignment March 2021

Discuss the following questions. You are expected to refer to the general principles of tort law and in particular to the cases you have studied. For each of the two parts of the question you should write about 300 words. It will be difficult to answer the questions properly in fewer words. If you write a lot more than 300 words, then your answer is likely be be repetitive and unfocused. Please understand that in both parts of the question there is no definitive right answer. Both parts raise arguable questions, and you score marks by showing that you understand the issues and can write intelligently and critically about them. Also, do not worry whether your view is the same as mine. There are no marks for agreeing with me and there is no penalty for disagreeing with me. The marks are for writing an answer is which you analyse the problem clearly and with knowledge of the subject.

1. Margaret, who is 75, is in the supermarket on a busy Saturday afternoon when she begins to feel pains in her chest. It transpires she is having a heart attack and she collapses to the floor. Although the supermarket is crowded, no one comes to help her.

Brian, the store manager, puts a call out over the PA system asking if there is a doctor present, but otherwise offers no assistance. Hearing the announcement, Karen, a nurse, comes forward and tries to help Margaret, but fails to put her in the recovery position. Margaret later dies.

Can Margaret’s estate make a claim in tort against (a) the Supermarket; (b) Brian; (c) Karen?

2. Khalid is a law student. He has applied for a job with a local law firm, who have, as part of the selection process, sent him a set of legal problem questions and asked him to prepare answers to them, which he will then be expected to discuss in his interview. Khalid thinks that it would be a good idea to get some help in preparing these answers, so he goes to see one of his lecturers, Abdul, to ask for advice. Abdul is an expert in constitutional law, but the problem are all about tort and contract. Abdul does not want to admit that he knows very little about these subjects, so he suggests possible answers to Khalid, and Khalid uses these answers in his interview. Unfortunately, Abdul’s answers are all hopelessly wrong. Khalid therefore makes a bad impression at interview and does not get the job.

Does Khalid have a claim in tort against Abdul?

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