Process of Determining Duty of Care - Law of Torts - Past Exam, Exams of Law of Torts

Download Process of Determining Duty of Care - Law of Torts - Past Exam and more Exams Law of Torts in PDF only on Docsity! EXAMINATIONS OF JULY/AUGUST 2005 CODE AND NAME OF COURSE: LA13A (LAW1310) - LAW OF TORTS I DATE AND TIME: DURATION: 2IIOURS INSTRUCTIONS TO CANDIDATES: This paper has 2 pages and 6 questions. Answer THREE (3) questions. Answers may be confined to the law of any jurisdiction in the Commonwealth Caribbean unless the context indicates otherwise. 1. Critically analyse the process of determining whether or not a duty of care exists. 2. Discuss the concept of `unreasonable user" in nuisance. 3. "There is no liability for intentionally confining another unless the person physically restrained knows of the confinement or is harmed thereby ..." Critically examine this proposition. 4. Alex has been drinking in a rum shop. As he is unable to drive, he phones Brian, his 16 year old son, to come and pick him up. Brian does not have a driving licence but has had a few lessons on private road. On the way home Brian skids and crashes into a shed injuring his father, Alex, who is not wearing a seat belt. The shed contains the electricity meter for a nearby house. The meter is destroyed and the power is cut. Coral (the owner of the house and shed) relies upon electricity to work a machine to help her breathe and suffers a deterioration in her condition. Donna, a guest in the house, falls downstairs in the dark and breaks her neck. Advise the parties. PLEASE TURN OVER The University of the West Indies