M5402
THE UNIVERSITY OF SUSSEX
LLB LEVEL 4
January 2023 A1
Tort Law 1
Work to be submitted via e-submission on the Canvas module site by: see Sussex Direct
Your answer must not exceed 1,000 words (excluding footnotes and bibliography). Please state the word count on your submission. Exceeding the word count may result in a penalty being applied or some of your submission not being considered by the marker.
Assignments should be typed, fully referenced and should contain a bibliography.
You must use OSCOLA referencing.
This assignment is a 70% weighting for the module.
Please note that the late submission and academic misconduct regulations apply to this assessment.
M5402 Tort Law 1
Question:
During a recent match between Padel FC and Noxford United, Pablo, a player for Padel FC, and Jordi, a member of the opposing team, both went to kick the ball. Pablo missed the ball, and kicked Jordi on the leg, breaking his leg. Later in the match, to prevent Shankar from getting to the ball, Wayne pushed Shankar aside. Shankar fell, hitting his head on Wayne’s boot as he did, cutting Shankar above the eye and knocking him unconscious.
After the match, Al, assistant manager for Padel FC, locked the Noxford United players in their changing room. When they were eventually let out by the caretaker one of the players, Reggie, texted Al saying ‘you will not get away with that, we’ll get our revenge soon and it will be painful’.
Unrelated to the above events, Dr Smith at Groomsville Hospital seeks your advice about a 35 year-old patient, Y, who has been diagnosed wit
h a progressive, neurodegenerative condition. He is able to communicate but his condition has left him very confused and unable to recall information about his condition. When he was admitted Y told his treating doctor, Dr Smith, that all life is precious and he wanted to receive all possible treatment that would maintain his life. Having consulted with other doctors in neuroscience, Dr Smith wishes to try a form of brain surgery which has never before been performed on humans, only on animal subjects, in the hope of prolonging Y’s life. Y’s wife, Gloria, considers that the proposed surgery is experimental, risky, and undignified and therefore not in Y’s best interests.
Later that same day at Groomsville hospital, Annie underwent an operation. The doctor conducting the operation was careless because four hours into the operation the doctor realised that she didn’t fully understand the new procedure she was attempting and so decided to resort to the conventional technique, which is the one the doctor had mentioned to Annie. A few minutes later Annie suffered a cardiac arrest and will be left with permanent brain damage. Had the doctor adopted the conventional technique from the outset, Annie stood a 40% chance of making a full recovery.
Advise Jordi, Shankar, Noxford United players, Al, Dr Smith and Annie.
IMPORTANT NOTICE: Due to the disruption to teaching this term due to the industrial action you should NOT discuss the issue of breach of duty of care/standards of care in your answer. Marks will not be awarded for addressing such issues.
End of Paper