Critically evaluate how far the Occupiers Liability Acts 1957 and 1984 provide for liability in a fair and appropriate manner.
Instructions to Students:
There are 6 questions on the paper. You must answer 2 questions in total, ONE
from PART A and ONE from PART B. All questions carry equal marks.
PLEASE NOTE: Your answers MUST be properly referenced and each answer
MUST include a bibliography. Adequacy of referencing will form part of the
marking criteria.
PART A You MUST answer this question
1. Erin runs a pleasure boat, The Southern Belle, taking holidaymakers along
the south coast. She wishes to make as many trips as possible each day to
maximise her profit. Erin generally checks the boat for damage after each trip
but one day she has no time to make the customary checks before the boat
sets off. She does not notice that there is a hole in the hull of the boat, which
was made when the boat hit a rock on a previous trip. The boat begins to take
on water at a fast rate.
The holidaymakers are forced to abandon ship and they are swimming in the
sea. Some of them do not have time to put on life belts and two people, Rio
and Anya, drown before help can arrive. Wayne, a passenger on the boat had
tried to rescue Rio but failed.
Rio’s fiancée, Sneha, watches from the shore as Rios body is lifted from the
water. Anya’s husband, Zak, receives a call from their daughter, Pippa and
rushes to the hospital mortuary, where Anya’s body has been taken. She has
been cleaned up a little, but there is still oil and seaweed attached to her
body.
Sneha, Wayne and Zak suffer mental breakdowns.
Advise Erin of her liability for the events.
PART B You must answer ONE question from this section
2. Critically evaluate how far the Occupiers Liability Acts 1957 and 1984 provide
for liability in a fair and appropriate manner.
3. The aims of tort law are to reimburse the victims of misconduct or wrongs and
discourage that misconduct.
Critically discuss if, and how, the tort of trespass achieves the above aims.
Ensure you use case law to illustrate your points.
4. Critically discuss by use of case law how, with regard to the principle of
vicarious liability, the law interprets the requirement that the tort must be
committed in the course of employment.
5. ‘The requirement of a proprietary interest in land is no longer sustainable in an
era of greater human rights consideration.’
In light of the above statement, critically evaluate the functions of the tort of
nuisance and assess, with regard to human rights considerations, the merits
of this restriction as to who may bring a claim for nuisance.
6. Critically discuss, by use of case law, the nature of the duty owed by
employers to employees. What difficulties confront an employee who is trying
to bring a claim against an employer for a stress related injury?
