Discuss the different torts of trespass to person by illustrating the respective elements for each of them with relevant case law.

R‌‍‍‌‌‍‌‌‌‌‌‍‍‍‌‌‌‌‍esources to have at hand during the exam: [this is optional. Insert specific resources that you’ve already recommended to students in the preparation for the exam, e.g., an essential text, website, section of your Blackboard, etc.] Statement of authenticity of work: At the beginning of your exam paper, you should copy and paste the following: “By taking the online exam, I confirm that the work is my own.” Then add your full name and student ID. Exam task/questions and specific instructions: There are SIX questions on this paper. Candidates are required to answer TWO questions. All questions carry equal marks. Wordcount: Up to 2,000 words Assessment criteria: The assessment criteria can be found in the Law School Assessment handbook.

1. Following months of speculation the legendary rock band – Led Balloon – are about to embark on a reunion tour of the UK. They are performing a warm-up gig at a small intimate venue in Whitstable when a spotlight falls onto the stage causing a massive explosion killing the band members: Robert, Jimmy and John. Unfortunately, the lighting rig (onto which the spotlight was fitted) had been negligently maintained by Rolling Pebbles Lighting. The sight is particularly gruesome. Peter, Robert’s brother, is listening to the live radio broadcast of the gig from his hotel room in Rome. He hears the explosion and thinks he can hear Robert screaming. He rushes to the airport, managing to catch a flight that is just leaving, and arrives at the hospital three hours after the accident. Unfortunately, Robert’s body has not yet been moved to the morgue and is still covered in blood and grime from the explosion. He develops post-traumatic shock disorder. Lois, Jimmy’s wife, is watching the gig from the VIP area of the venue. She is physically unharmed, but later suffers nightmares and depression. This is ‌‍‍‌‌‍‌‌‌‌‌‍‍‍‌‌‌‌‍particularly traumatic for her as she had previously suffered from depression, but had sought help and recovered. Megan has attended every Led Balloon gig in the UK and has travelled to a number of their overseas concerts. She is a founder member of their fan club and regularly contributes to their fan magazine. She always tries to stand as close as possible to the stage. Miraculously she was not hurt by the explosion but has since been overcome with grief. Chris was one of the first on the scene. He is a trainee ambulance man and this was his first major incident. He rushes to the stage but quickly sees that there is little he can do. He spends the next two hours comforting distraught fans. He later suffers from recurring nightmares and panic attacks. Stewie, one of the roadies, is overcome with feelings of guilt and depression. It was his job to fix the lighting and he feels the explosion was his fault. A subsequent investigation completely exonerates him. Advise the parties on their potential claims

2. What is your view of the Bolam/Bolitho test? Has the Montgomery case provided a much-needed change in relation to clinical medical negligence or is Bolam still the prevalent test?

3. Discuss the different torts of trespass to person by illustrating the respective elements for each for them with relevant case law

4. Does the action under Rylands v Fletcher serve any useful purpose in the modern day?

5. Look at the recent cases that revolve around invasions of privacy (e.g. Depp, Von Hannover, Douglas, Campbell, Murray, Mosley). How many of the claimants in these cases really had a ‘reasonable expectation of privacy’ in respect of the information they did not want to be in the press? Can you define ‘a reasonable expectation of privacy’ any more easily than ‘privacy’?

6. What is the rationale behind the doctrine of vicarious liability? Discuss with r‌‍‍‌‌‍‌‌‌‌‌‍‍‍‌‌‌‌‍eference to relevant case-law

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