Category: Questions

Tort Problem Question: Luke had just obtained his driving licence and borrowed his father’s car to take his girlfriend Jane on a trip to the coast. Luke and Jane got into the car whilst Jane’s mother Amy saw them off from the balcony of her flat. Jane turned around in the front seat to wave to her mother. To do so she took off her safety belt and twisted around. Luke was trying to show off by pulling away at such a high speed that he left black tyre marks on the road. He got distracted by Jane’s movement and because he was travelling so fast, he lost control of the car, and it crashed into the pavement and a tree. Jane was flung through the windscreen and obtained multiple broken bones and severe lacerations to her face. Luke, who was wearing his seatbelt, suffered only a few bruises. Jane will have to undergo extensive cosmetic surgery and the doctors told her that although they would do the best they can, there was unfortunately no way she would be able to continue pursuing her dream of becoming a fashion model. Jane was due to sign, the day after the crash, a modelling contract which would have earned her £2million. Because of her injuries she now cannot pursue this. Amy, Jane’s mom, saw the whole accident from the balcony of her flat. Seeing her teenage daughter flung through the windscreen of the car and then severely injured gave her a massive shock. She became so depressed that she had to stop working as a primary school teacher. Her GP diagnosed her with post-traumatic stress disorder. Advise Luke as to his possible liability and defences in negligence.

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Tort Law

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Tort Law Tort is a legal term that is defined as a breach that is committed against another party where the injured party can sue for damages. In tort law, the damages are measured in the extent of the injury. Compensatory damages like damages of property, reimbursement of Read More …

Angela was visiting her friend Betsy. She complained of a severe headache and Betsy gave her a box of painkillers that had been prescribed by her (Betsy’s) doctor. On the outside of the box and on a leaflet inside, there was a note reading: “Do not consume with alcohol. May cause severe nausea and diarrhoea.” Angela had drunk two small glasses of wine. She took two of the painkillers (the recommended dose for an adult). An hour later she became violently ill and was admitted to the Downbeat Hospital. She was examined by Conrad, a doctor, and told him about the pills she had taken. Conrad arranged for her to be admitted and prescribed a drug to treat her condition. Daphne, the nurse on duty, misread the doctor’s notes and gave her only 10 per cent of the dosage that Conrad prescribed. Angela became more seriously ill and required painful and debilitating abdominal surgery. There is a strong possibility that, if she had been given the correct dosage, she would have recovered after a few days. It has now been established that Angela suffered from an extremely rare allergy to one of the ingredients of the painkillers. No other case has been identified where a person taking one of these painkillers suffered a comparable reaction. It cannot be established whether the wine had contributed to the reaction. Advise Angela as to any claims in negligence against the Downbeat Hospital.

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SECRET TRUST QUESTION (i) S has recently died. By his will, he left his vast collection of books to C and A. Before he died he told A that both he and C were to hold the books on trust for B, his mistress. A letter giving the same instruction to C is only found in S’s house after his death. (ii) In addition, he left his house to J ‘on trust for the purposes I have communicated to him’ Before his death, he told J that the house was also to be held for B. J was killed in a car crash a week before S died. (iii) The two witnesses to the will are S’s wife P, and B. Advise R, S’s residuary legatee.

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SECTION B – BUSINESS TENANCIES Question: Cedric runs a tobacconist/news agency business in Northern Ireland from premises that he has leased from Heurelho since 2012. The premises are located adjacent to the gates of a school and because trade is poor during school holidays, Cedric closes his business at such times and goes on extended foreign trips. Heurelho suspects that Cedric’s principal income derives from the sale of cigarettes to children, however, it has been so far impossible to prove this and Cedric has not prima facie broken any covenant in his lease. Cedric’s lease will soon expire and Heurelho does not want to renew it but instead wants to either run a similar business on the premises himself, or alternatively, demolish the premises and redevelop the land. Considering relevant cases, advise Heurelho of the requirements of the Business Tenancies (NI) Order 1996 and how they would impact on his plans. Explain how your answer would differ (if at all) if Cedric was actually convicted of the illegal sale of tobacco on the premises.

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‘Speaking of the equivalent English law before the Abortion Act of 1967, Lord Diplock in Royal College of Nursing v DHSS (1981) described the state of the law as “unsatisfactory and uncertain”. This continues to be the position in Northern Ireland – a position which in the best interests of not only the medical and legal professions but more importantly of the public at large ought to be remedied. The Abortion Act 1967 may have its faults but it presents a much more coherent and understandable position than that which continues to prevail in this jurisdiction.’ Northern Health and Social Services Board v A and others [1994] NIJB 1 per MacDermott LJ at 3. Discuss. Medical Law: (LAW506), Ulster University.

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