The Student Room Group
Uni students - Complete our survey >>
Uni students - Complete our survey >>
Uni students - Complete our survey >>

Law of tort assingment help

1. Bill works in the same office as Dave and they have regularly played practical jokes on
each other. Before Bill arrives at work one morning, Dave loosens the screws on Bill’s
office chair. When Bill sits on the chair it collapses and he falls to the ground, injuring
his shoulder. Dave starts laughing and Bill shouts at him, saying that if he were not
injured he would punch him. Their manager, Tom, hears the shouting. When he realises
what has happened he grabs Dave, pushes him into his office and tells him to stay there.
Tom closes the door but does not lock it. He tells Sam, another staff member, to stand
outside the office and to stop Dave if he tries to leave. After two hours Tom opens the
office door and tells Dave to go home. Discuss the potential liability of the parties for
trespass to the person.

2. Explain the essential elements of a tort highlighting the maxim “Injuria Sine Damnum”,

The plaintiff suffered massive monetary loss due to his unauthorized banquet halt,
located in a residential colony, being selectively sealed, by the competent authority, in
compliance with a resolution passed by his political rivals. Discuss, whether tortious
liability arises in this case.

3. David takes his young son Eddie to a local theme park, Fundays. David takes Eddie on
the ‘Fright-of-your-life’ roller coaster. Owing to negligent maintenance by Fundays the
harness holding Eddie breaks and he plunges to the ground suffering massive injuries.
Georgina sees the fall and the injuries to Eddie. She now suffers from post-traumatic
stress disorder. David phones his wife Hannah who drives directly to the hospital. She
arrives one hour later to find that Eddie has died. She suffers from grief and severe
depression. Ian, a paramedic who treats Eddie at the scene, is so horrified by the injuries
that he suffers post-traumatic stress disorder. David has become withdrawn and terrified
of heights.
what are your thoughts?
Reply 2
Avatar for Mosabber
Mosabber
OP
2
Original post by Catherine1973
what are your thoughts?

No idea
Original post by Mosabber
No idea

Look into:
1) Torts of trespass to the person (an introduction and overview can be found here https://www.lawteacher.net/free-law-essays/jurisprudence/trespass-to-person.php)
2) An overview of the maxim can be found here https://lexforti.com/legal-news/damnum-sine-injuria-and-injuria-sine-damnum/
3) Secondary victims and psychiatric harm (summarised here https://www.lexisnexis.co.uk/legal/guidance/psychiatric-injury-secondary-victims)

All these are to point you in the direction of where to look and act only as an overview. Read these and research further, and once you have formulated thoughts of your own I am sure users will be willing to offer feedback and further guidance.
where is the answer?
Original post by Arif Hossain
where is the answer?

You have to write it yourself.
Reply 6
Avatar for mumtahin
mumtahin
1
i need answer

Quick Reply

Related discussions

Latest

Trending

Trending

Articles for you