SPEED / ATC

PREPARATORY COURSES FOR BACHELOR OF LAWS (LLB)

Mock Examination Paper

Course Title : Tort Law

Course Code(s) : FH96

Date : Dec 2021

Time allowed : 3 hour and 15 minutes

This question paper has 2 pages (including this covering page).

Instructions:

(1) Candidates should answer TWO of the following FOUR questions

(2) Mark the question number on the answer sheets. NO MARKS WILL BE GIVEN, if there is
NO question number or wrong question number on the answer sheets.
Question 1
John offers to teach Rose and Carly to waterski at a local lake. They arrive and, before they get in
the boat, John drinks three pints of beer at lunch. He then starts up the motorboat, gives them some
brief instructions and they set off across the lake. Neither woman is wearing a life jacket. Carly is
the first to attempt to waterski and Rose is a passenger in the boat. Despite Rose’s shouted
warnings, John drives so fast and erratically that he drags Carly into the path of another boat,
driven by Harry. The tow rope is broken and Carly, who is not a strong swimmer, struggles to stay
afloat and inhales water. Neesha is an off-duty lifeguard who sees the accident from the beach and
swims out to the scene to assist in rescuing Carly. Carly suffers severe brain damage due to her
near drowning. Rose is now having difficulty sleeping and has lost her appetite. Harry has begun
to drink heavily and feels unable to do his job. Neesha has been diagnosed with severe depression.
Advise the parties.

Question 2
Valerie has a rapidly developing business selling rare orchids, which she grows in two heated
greenhouses. As part of her business expansion scheme, she decides to upgrade the heating system
for her greenhouses to make them controllable remotely, through an app on her phone. Valerie
consults the industry’s Register of Suppliers. She finds Thermal Ltd and decides to consult them
about her requirements. After detailed discussion with Jamal, a trainee sales assistant at Thermal,
Valerie orders the installation of the Thermal Heating System, at a cost of £300,000. When the
first cold night arrives, Valerie attempts to adjust the temperature in her main greenhouse using
the app on her phone. It fails to operate correctly but she is unaware of this until she arrives at the
nursery in the morning to find her whole stock of orchids, worth £750,000, destroyed due to frost
damage. Her secondary greenhouse was empty but was awaiting a shipment of new orchid
seedlings. It is now insufficiently heated and so she has to reject the shipment of seedlings when
it arrives, at a loss of an anticipated profit of £100,000. Thermal has now told her that the app
which Jamal recommended was the incorrect one for the particular heating system she purchased.
Replacing it with the correct app costs Valerie £1,000. Advise Valerie.

Question 3
‘The “but for” test is a useful guide, but it does not solve all causation problems.’ Discuss.

Question 4
Alison is driving slowly while towing a trailer containing her horse. Caroline, driving behind her,
gets impatient and overtakes on a blind bend. In doing so, she hits the horse trailer, causing it to
turn over. Before Caroline can stop, she encounters Mohammed, eight years old, who has run into
the road chasing a ball. Narrowly avoiding him, Caroline crashes into Buster, who is coming in
the other direction and is driving a stolen car. Buster, who was not wearing a seatbelt, was badly
injured. Alison is uninjured but both of her horses die in the resulting crash. Following the accident,
Alison finds herself unable to drive, due to fear. Mohammed’s mother Eve, did not see the crash
but ran to the scene to administer first aid to Buster. She is now suffering from depression.
Mohammed is now extremely anxious and has terrible nightmares. Advise Alison, Buster, Eve and
Mohammed.

End of Paper