Donoghue v Stevenson [1932] AC 562 what basic problem faced the plaintiff (the woman who became
Question One – Donoghue v Stevenson [1932] AC 562
• In this case,
what basic problem faced the plaintiff (the woman who became ill) in
successfully bringing an action against the manufacturer of the product?
• What new legal rule did the court develop and why was this such a significant case?
10 marks
Question Two
While
shopping at an Eastfield mall, Margaret decides to use the toilet. As
she uses a walking frame, she goes in to the toilet available for
persons with a disability. When it is time to leave she pushes the
button on the wall which is supposed to open the sliding door. It does
not work and Margaret is trapped in the toilet. She does not have a
mobile phone to call anybody for assistance.
Thirty minutes after she
first becomes trapped she is freed from the toilet as a passerby hears
her and fetches Eastfield security staff. Margaret is quite upset, but
otherwise in good health after this ordeal. Eastfield had not checked
the operation of this door in the centre since it was installed five
years ago, despite an engineer’s recommendation that it should be
inspected yearly. Advise Eastfield about its possible legal liability to
Margaret.
Basically, you will need to advise Eastfield about what
torts, if any, it may have committed against Margaret and whether
Margaret can recover damages (compensation) for any damage she may have
sustained.
15 marks
Question Three
John Waite is a builder with
some thirty years’ experience. He contracts with John and Kelly Smith
to renovate their newly-acquired, old inner-city bungalow. He completes
the task.
Six months later, the Smiths have some friends round for a
barbecue. Rebecca, one of the friends, is leaning on the
newly-constructed veranda railing (the veranda and railings were
constructed by John Waite) when it suddenly gives way and she falls into
the adjacent lane-way. She is only slightly bruised but as she recovers
from the fall and stands up a car enters the lane way and hits her,
causing serious injury.
The Smith’s do not have public liability
insurance over the home so Rebecca decides to sue John Waite, the
builder, in negligence. Do you believe she will be successful? Either
way, give reasons for your opinion.
15 marks
Question Four
Jarvis
is employed as a mechanic at Motorfix Ltd. Jarvis’ role is to service
vehicles. A customer, Sharon, brings in her Lotus Elan sports car for
servicing. After Sharon leaves, Jarvis needs to drive the car a short
distance across the car park to the pit for servicing. However, being
very impressed with this car, he decides to take it for a short drive
around the block. He sees a good stretch of open road and speeds up to
see how well the car accelerates. As he speeds up he waves to a group of
young women, and as he becomes distracted he loses control of the car
and smashes into a building. The car is badly damaged but Jarvis avoids
serious injury.
Do you believe that Sharon can successfully bring an action in tort? If so, what torts may have been committed?
If she can recover damages, against whom will she recover – Motorfix or Jarvis?
10 marks
Question Five
Shelley
rents a residential property across the road from a small factory which
produces various types of pet food (the proprietor of this factory is
“Bone Appetite Ltd”). As the demand for Bone Appetite products has
increased, the company has increased production overall and started
producing overnight. The machinery used in the factory is very noisy and
has been keeping Shelley and her children awake at night very
regularly. There has also been a terrible odour coming from the factory
which has caused Shelley to avoid sitting out on her porch and her
children no longer play in the front yard of the property. The factory
does not have a large enough car park for the increased number of
workers since production increased. The result of this is that employees
have occasionally parked on Shelley’s property.
What liability in
Tort do you think Shelley could establish against Bone Appetite? Explain
your reasoning and also indicate any remedy/ies that Shelley may be
able to seek.