Questions (a) Professionals need to be aware of the potential liability arising from negligent misstatement when providing advice. Explain how the law operates in this area and the potential steps a professional advisor should take to avoid such liability. (50%) (b) Roger and Sanjit are partners in an internet marketing company based in the Midlands. They are travelling by car to London to make a pitch to a client. Roger was driving and talking to Sanjit about the forthcoming meeting. Suddenly, Roger, for no apparent reason, lost control of the car and knocked over Tina who was crossing the road near to her school. Tina suffered a broken pelvis and was hospitalised for several months. Sanjit, who was not wearing his seat belt, suffered severe head injuries. Explain what has to be proven to establish negligence liability and argue how likely it is that Sanjit and Tina will be successful in their claim against Roger. Your answer should refer to relevant case law in support of your arguments.(40%) Is 2 Questions on the same exam but write it in different parts … I want it in Oscola style with footnotes.. Also I suggest you books to use it and make footnotes with the page of the book and everything. I want every page which you use . BOOKS: 1. Cooke, P. (2015) Law of Tort 12th edition Pearson 2. Elliot ,K .and Quinn, E (2015) Tort Law 10th edition Pearson 3. Turner ,C (2014) Unlocking Torts 4th edition Routledge ALSO USE JOURNAL ARTICLES Relevant journal articles Please note: The following journal articles can be accessed through the Library Search option. Type the journal name (eg ”New Law Journal”) into the box, click on the relevant search result and then log in through the resource (eg Lexis Library) to access the article. 1 “Personal Injury – Snail Trail” – Keith Patten New Law Journal 162 NLJ 643 11th May 2012 (Eighty years on, Keith Patten traces the legacy of Donoghue v Stevenson) 2 “The sliding snail” – Jon Holbrook New Law Journal 157 NLJ 168 2 February 2007 (Negligence has changed since Donoghue v Stevenson—and not for the better, argues Jon Holbrook). 3 “Personal Injury: Sliding Away” – Keith Patten New Law Journal 161 NLJ 1124 12th August 2011 (Keith Patten observes the move away from compensation for claimants who were in part liable for their injury) 4 Stop or go? – Ruth Winterbottom New Law Journal 156 NLJ 67 13 January 2006 (Ruth Winterbottom explains why a Court of Appeal decision in favour of motorists could have wider implications for the law of negligence). 5 Judgment in Knucklehead v Goodfellow New Law Journal 157 NLJ 1122 3 August 2007 (Judge Irongirdle laments the inadequacies of claimants in person and district judges). 6 Morgan L. (2009) The law relating to negligent misstatement and its impact on professionals such as Accountants and Solicitors. University of Wales Newport (Article repoduced in full in Blackboard) 7 Pure Economic Loss http://fds.oup.com/www.oup.com/pdf/13/9780199289714.pdf 8 O’Farrell F. (2009) Professional negligence in the construction field www.keatingchambers.co.uk/resources/publications/…/fof_prof_neg.asp. 9 Stylianou M (2011) Pure economic loss in negligence – has England got it wrong? Has Australia got it right? 1 SSLR Southhampton University https://www.southampton.ac.uk/assets/imported/transforms/peripheral-block/UsefulDownloads_Download/4ACF29FC59784836B1B0FC7F1A90A492/2sslr.pdf 10) The Curious Incident of the Dog that did Bark in the Night-Time: What Mischief does Hedley Byrne v Heller Correct? http://eprints.lancs.ac.uk/74618/2/Curious_Incident.pdf Any additional reading items will be posted on Blackboard. Format of answer and citation of sources used 1. Cite cases as follows: Smith v Patel (1968). Parties’ names should be italicised or underlined. If in doubt check handouts or the textbooks. 2. Use cases (i) to support a proposition of law, or (ii) to illustrate a point. Use as appropriate when stating and applying the law (for example by comparing the facts with the question to decide if the facts fall within or outside of the case). eg (i) ‘A party may be fixed with notice of an exclusion clause by a regular course of previous dealings between the parties: Spurling v Bradshaw (1956)’. eg (ii) ‘An advertisement can amount to an offer. In Carlill v Carbolic Smoke Ball Co (1892) an advertisement offered a £100 reward for anyone who used their smoke ball and contracted ’flu. In addition, the Smoke Ball Company stated that it had deposited £1000 in the bank “to show our sincerity in the matter”. The Court of Appeal held that the reward, combined with the bank deposit, showed a clear intention by the Smoke Ball Company to be bound by the terms of the advert, and so the advert constituted an offer.’ 3. Write in essay, not report, style. Use paragraphs. Avoid sub-headings. 4. Cite original sources where possible. So, if quoting from a statute, or a case, do not cite the textbook in which you saw that quote. Simply cite the statute or case (which you will find in the textbooks). Remember the University’s plagiarism policy. 5. Don’t forget the technique for the problem (or ‘case-study’) questions (see seminar one): (i) identify the issues. (Start by stating who is suing whom and for what. Then select the likely contestable elements in your cause(s) of action); (ii) state the relevant law for each of these issues; (iii) subject those issues to that law (or ‘apply the law’); (iv) conclude. Note, if the facts are vague, then speculate, eg ‘If it were the case that … then Jones v Patel would apply because …..’ You may go further and suggest alternative outcomes: ‘On the other hand if….’ 6 A bibliography of sources used must be listed at the end of the answer
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