you will have to ANSWER 2 QUESTIONS Please note that 2000 words is the maximum word count for the completed the paper you will have around 1000 words to answer each question on the paper. Both questions are equally weighted so please Do not exceed the word count as this may result in a penalty being applied please use Use formal, clear language. • Good legal writing is concise and direct • Correct grammar and spelling – proof read! Make sure that your spell checker is set-up for English spelling (colour rather than color etc) and recognises legal terms e.g. tortious not tortuous, statute not statue etc • Presentation – avoid small font sizes and unusual type faces (Arial or Times New Roman, 12 point are the safest) • Case names should be in italics
Questions-
Compulsory Question
1.
During a recent football match between Seaside United and Inner City, held at Seaside
United’s stadium, a fire broke out under the stands and spread quickly due to the failure by
the football club to clear litter left from a match a week earlier. Due to the failure of the football
club to maintain the stands, one of the emergency exits failed to open and twenty of the
spectators died from crushing injuries caused in the panic as people tried to escape the fire.
Harry was one of the twenty people killed. Syras who had sustained severe brain injuries
and Luke who was suffering from smoke inhalation were taken to Seaside General Hospital.
Harry’s civil partner, Kurt, who was watching the match on television, saw the televised
images of the fire which he knew was in the part of the ground where Harry was watching the
match. He sustained a recognised psychiatric illness when he discovered that Harry had died.
As Luke only appeared to have minor injuries he had to wait for eight hours before he was
seen by a consultant. By this time the consultant, Dr North, had been on shift for twenty six
hours. He failed to spot signs of lung damage and neglected to administer the standard
treatment to alleviate the smoke damage. After six weeks in hospital, Luke had partially
recovered and was discharged. Had the standard treatment initially been provided by Dr
North, Luke would have had a 45 per cent chance of making a full recovery.
Syras’ wife, Mary, suffered a recognised psychiatric illness as a result of caring for her
husband who is now entirely dependent upon her.
Jameel, one of the stewards at the match who helped some of the affected spectators escape
from the flames on to the pitch, suffered PTSD as a result of his involvement in the horrific
incident.
Advise Syras, Luke, Kurt, Mary and Jameel.
2. Following the Supreme Court decisions in Mohamud v WM Morrison Supermarkets plc [2016]
UKSC 11 and M Morrison Supermarkets plc v Various Claimants [2020] UKSC 12, critically
evaluate the circumstances under which an employer will be held vicariously liable for the
tortious actions of their employee.
the sources should be only
Primary sources – cases and statutes (where relevant) but the basis for the argument
Quality Secondary sources –academic journal articles (check out
reading suggestions accompanying the seminars. You may also
want to check the electronic library, e.g. the journals search facility
on Westlaw).
Answer the questions set, not one that you would have liked to be
set. We will never ask you to ‘Write everything you know about…’,
but answers of this type are often produced – this is not a recipe
for a good mark
Use your knowledge and skill to interpret what is asked of you to
the best of your ability – as you would do in a traditional exam.
Structure your answer thoughtfully. At this level of study there is
usually no single set answer nor expected structure. We will credit
your content and structure on its merits.
Members of the Tort team (and other faculty) are not permitted to
advise on the interpretation of the questions, cannot read work
before submission etc.
Writing your Answers
When answering the essay question
• What is the question asking? What issue/s raised by the question?
• Make sure that you do what the question asks – critical evaluate/discuss etc
rather than purely descriptive
• Scope for interpretations to differ – convince marker regarding the relevance of
your approach
• Support your response with close analysis of the cases and other relevant
sources.
• You must go beyond merely naming cases to offer an informed analysis of the
relevant law within them.
• Do the thinking before the DEX, go broad first (READ KEY JUDGMENTS &
JOURNAL ARTICLES which will develop your understanding and analysis)
• Ensure that you have a clear introduction, middle and conclusion & proof read
thoroughly
layout
◦ Introduction
Briefly explain your interpretation of the question
Identify issues and broadly explain arguments
Outline of the structure
◦ Body
Present your arguments. Pay attention to how your
argument flows from one paragraph to the next
Support your arguments with relevant authority (cases,
articles, possibly statutory material)
◦ Conclusion
Draws together the main argument presented in the
body.
Your final chance to remind the reader what your essay
set out to do, and how you achieved this, although the
conclusion should not contain new material.
Essay questions
Problem question
• Accept the facts set down in the factual scenario. Do not go too far ‘off piste’
• It is unnecessary to have ‘general’ introduction at the beginning of a problem
question – seek to identify the issues early
• Presentation – you can make use of headings if you wish
• Issue, law and application – Identify the legal issue, state the relevant law (case
law/statutory material) and apply the law to the facts
• You will be given appropriate credit as long as your structure makes
sense and effectively conveys what you intend to say.
I Identify issues
R Identify the Relevant Law
A Apply the Relevant Law
C Conclude
Problem question
• Focus on the issues raised and what you are asked to do. Don’t write
everything you know about the area(s).
• Most credit is given for analysis and application of law in relation to the
facts of the problem
• No need to repeat the facts of the problem in your answer, other than as
necessary to make clear which part of the problem you are addressing.
• Apply the authorities (cases and/or statutes) to the facts appropriately
• The more detail in which you know the cases/statutes the more you will
be able to spot and engage with the likelihood that they will be applied or
distinguished.
• Unlike essay answers, journal articles are usually less important for
problem answers, although feel free to refer to them if they enhance your
arguments or help with your interpretation of points.
Problem question
