侵權法的補救：練習題

In the law of tort, a primary victim of psychiatric injury is someone who is involved either mediately or immediately as a participant. Following Page v Smith (1996), what is the primary requirement for a duty of care to be owed to a primary victim?

An independent contractor, David, is hired by a homeowner to repair a roof. David negligently drops a tile, injuring a passerby. Based on the principles of vicarious liability, why is the homeowner generally NOT liable for David's negligence?

In the context of vicarious liability, the 'dual vicarious liability' principle was considered in Viasystems v Transport Trading Ltd (2005). When might two different employers both be held liable for the same tort?

Under the Occupiers' Liability Act 1957, which of the following best describes the standard of care that an occupier owes to a person they have invited onto their premises?

Under the principle of remoteness of damage, as established in The Wagon Mound (No 1) (1961), a defendant is liable for damage only if:

In the law of negligence, identify the legal principle established in the case of Barnett v Chelsea and Kensington Hospital Management Committee (1969) regarding factual causation.

In the context of vicarious liability, describe the two-stage test used by courts to determine if an employer is legally responsible for the tortious acts of another person.

In a claim under the rule in Rylands v Fletcher, explain the requirement of 'non-natural use' of land as clarified by the House of Lords in Transco plc v Stockport Metropolitan Borough Council (2003).

Tort

Sarah is walking through a local supermarket when she slips on a puddle of spilled milk. There was no warning sign near the spill. As a result, Sarah suffers a fractured hip.

Discuss Sarah’s potential claim in negligence against the supermarket. You should include in your discussion:
(a) An explanation of the duty of care using the Caparo three-part test.
(b) An analysis of whether the supermarket breached that duty using the objective standard of care.
(c) An explanation of factual and legal causation regarding her injury.

Tort

George is a 14-year-old boy who climbs over a 6-foot locked fence to enter a derelict warehouse owned by 'Build-It Corp'. He knows the building is scheduled for demolition and has seen 'Danger: Keep Out' signs posted on the perimeter. While inside, he falls through a rotting floorboard that Build-It Corp knew was unstable but had not yet repaired. George suffers a broken leg.

Discuss Build-It Corp's potential liability under the Occupiers' Liability Act 1984. You should specifically analyse:
(a) The three conditions under Section 1(3) required to establish a duty of care to a trespasser.
(b) Whether the standard of care is adjusted for George’s age.
(c) The effectiveness of the warning signs as a discharge of duty under Section 1(5).