School of Law, Policing & Forensics
Module Code: LAWS40501
Module Title: TORT LAW & CIVIL REMEDIES
30 Credits (50% Weighting)
6th August 2021
Examiners: J. Beswick
G. De Silva
Word Limit: Maximum word limit of 2500 words
There is only one question. Issues contained in the extended problem case study must be addressed.
There is only one percentage grade available for this examination.
Answer to be submitted online as per the instructions given.
The University/ Department reserves the to right to change exam conditions unilaterally at its sole discretion, after giving appropriate notice to students.
Please note that this question is subject to the approval of the external examiner.
This scenario is set pre Covid-19 pandemic.
Northern Trains owned and operated by Arriva North Ltd. operates both passenger and cargo trains across Northern England. One morning, a passenger train driven by Alec, who had been employed as a train driver by Arriva North Ltd. crashed onto the back of a stationary goods train also owned and operated by Arriva North Ltd. As a result, the following incidents had occurred.
[a] Claire and Teesha, university students who take the train commute daily had been passengers in Alec’s train. Claire had sustained an open fracture to her right leg. She is taken to the hospital and required immediate surgery to fix the fracture and close the wound. At the hospital, she develops a serious infection that requires medication to be administered intravenously. Due to the infection she had to be hospitalised for an extended period which resulted her missing the final examinations. After presenting the required medical certificates she has been allowed to sit at the next available exams, but the exam attempt costs £125.
[b] Teesha, has suffered injuries to her back, which has aggravated her preexisting back problem. Upon being discharged from the hospital she has been instructed not to engage in strenuous activities for 3 months. Despite the medical advice she continued her work as a gym instructor at the University Gym and started complaining of serious pains. After medical examination it transpired that she had sustained permanent injuries to her back.
[c] Eesha, who knew her twin sister Teesha takes the train daily suffers a psychiatric breakdown upon seeing images of the accident on a special news broadcast, and because she feared for Teesha’s safety, Eesha is now suffering from a clinical depression.
[d] During the accident, a coach from the passenger train rolled down an embankment and damaged Freddy’s meat shop. The meat shop had to be closed for a month while being repaired, resulting in a loss of income to Freddy. Also, the meat in the freezers had to be disposed of as Freddy was unable to keep the shop open until the conclusion of the repairs.
Discuss the potential liability of Arriva North Ltd.
END OF EXAMINATION