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THE UNIVERSITY OF THE WEST INDIES

Semester l X □□ Supplemental □
Semester II

Examinations of December X □ /April/May □ August □ 2020

Originating Campus: Cave Hill □ Mona x □ St. Augustine □

Mode: On Campus x □ By Distance □

Course Code and Title: LAW 2010 LAW OF TORTS II

Duration: 24 Hours

Word Limit Per Question: 1250

Materials required:

You should use the accompanying answer template for all your answers. The answer template can
be found in the Examination Container for each course and will also be circulated via email.

Instructions to Candidates: This paper has five pages & six questions.

Candidates are reminded that the examiners shall take into account the proper use of the English
Language in determining the mark for each response.

The penalties for exceeding the word limit are as follows:

1. There will be no penalty for papers that exceed the total word count (3750 words) by 0-
25%.
2. There will be a penalty of 3% for papers that exceed the total word count by 26-50%.
3. There will be a penalty of 5% for papers that exceed the total word count by 50%.

Answer THREE (3) Questions. At least one of which must be selected from Section B.

Answers may be confined to the law of any jurisdiction in the Commonwealth Caribbean unless the
context indicates otherwise.

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Section A

1. “[In a case where a rogue police officer wrongfully shoots and injures a member of
the public], the applicable test is whether [his] wrongful use of the gun was so
closely connected with acts he was authorized to do that, for the purpose of liability
of the government as his employer, his wrongful use may fairly and properly be
regarded as made by him while acting in the ordinary course of employment as a
police officer”: per Lord Nicholls in Attorney General v Hartwell (2004).

Critically discuss this dictum, with reference to decided cases.

2. “Modern defamation laws effectively strike a delicate balance between

guaranteeing the fundamental right to freedom of expression on the one hand, and
protecting the honour and reputation of persons on the other hand.”

Critically discuss.

3. “Much of modern commercial activity focuses upon the creation of a public

perception of an association between a consumer product and a celebrity figure for
the purpose of marketing the product.”

Critically discuss, with reference to decided cases, the ways in which

personality/image rights regulate such commercial activity.

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Section B

4. Answer (a) and (b).

a) Robin is employed by All Rise Company Limited. He is a practical joker.

Robin often waits until a fellow male employee is about to sit at which
point, he pulls away the chair, causing that employee to fall on his rear.
Robin has been warned by his supervisor about his behaviour and threatened
with dismissal.
One day, Robin pretends to take a phone call and then tells Sherry,
untruthfully, that she is needed in another department. On the way to the
other department, Sherry slips in a pool of yogurt that has just been dropped
by another employee and falls. She suffers a broken arm. She later finds out
the “message” given to her by Robin was a mere prank. Sherry wishes to sue
in respect of her injury.

Advise Sherry.

b) Mark is employed by the University of Jambago as a cleaner. He is

assigned to clean the Faculty of Social Sciences building. One day, he is
asked to clean the venetian blinds in Lola’s office. Lola is a Lecturer in the
Faculty of Social Sciences. In the absence of a ladder in the Faculty
building, Mark stands on a table, as he typically does. The table is fragile
and, as such, it topples over. Mark falls to the ground, fracturing his arm.

Advise Mark.

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5. Oliver, a driver employed by Arrow Oil Company Limited, is directed to drive one
of the company’s vans to an oil depot in Star City. Oliver wishes to spend the day at
a cricket match with his girlfriend, Felicity, and so he asks Malcolm, a fellow
employee, to drive the van for him. Malcolm agrees to do so.

On the way to Star City, Malcolm sees his girlfriend, Moira, standing at a bus stop.
He stops to give her a lift, despite the presence of a notice on the van’s dashboard:
‘Drivers are forbidden to give lifts: Arrow Oil Co Ltd accepts no liability, to
unauthorized passengers, for any injury, howsoever caused.’ While leaning across
to kiss Moira, Malcolm swerves and collides with a car driven by Thea. Malcolm
and Thea are injured.

Roy, another employee of Arrow Oil Co Ltd, has been sent to deliver oil in Sterling
City. On the return journey, Oliver calls and asks Roy to pick him up from the
cricket match and take him home, since Malcolm is no longer able to. Roy agrees
and deviates from his route to pick Oliver up. On the way to Oliver’s house, Roy
negligently runs into the back of John’s car, causing injury to John.

Advise Arrow Oil Co Ltd.

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6. Kevin was travelling in the back seat of a bus when it was struck from behind by a
large truck. The truck driver has admitted full responsibility for the collision. Kevin
was thrown out of his seat and his head struck the roof of the bus. His skull was
fractured, and he suffered severe brain damage. After treatment in the public
hospital, Kevin returned home, but he needs constant attention as he is unable to
control his arms and legs. He is aware of his condition but cannot communicate
properly.

Kevin’s expectation of life has been reduced by 4 years. His wife, Sophie, has given
up her job as a receptionist to look after him. At the time of the accident, Kevin
was 40 years old and employed as an assistant manager in Miguel’s business,
earning US$30,000 a year. Miguel thought highly of Kevin’s ability and had
recently told him that he would be promoted to Department Manager (with a salary
of US$45,000) when the present holder of the position retired in a year’s time.
Kevin received 12 weeks’ sick pay from Miguel, and US$10,000 under an accident
insurance policy.

Discuss the principles on which the court will assess Kevin’s damages.

END OF QUESTION PAPER

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