tort
Grade: A
University of London
LLB, 2nd year
Tort Law
Question
Amber Valley Primary School was closed 6 months ago by Amber Borough Council (ABC), the local education authority, which owns all the land and buildings. The school has been standing empty while ABC attempts to find a buyer for the site. Although ABC placed fencing around the site, local residents reported that youths had broken into the site on a number of occasions.
Last week a group of youths from a nearby young offenders institution, operated by Chigley Services Ltd (CS) under contract to the Home Office, broke into the disused school and set fire to it. The youths had been clearing rubbish from a neighbouring stream and were supposed to have been under the supervision of Justin and Jason, both of whom are CS employees. However, Justin and Jason had gone for a cigarette break and left the youths unsupervised at the time the break-in occurred.
The fire caused damage to neighbouring property including a baker 's shop owned by Mark. It is likely to be many weeks before the business can reopen and Mark stands to lose many thousands of pounds in lost profits.
It later transpired that the fire would not have had time to spread to neighbouring property had the Fire Brigade acted more swiftly. The Amber Valley Fire engine was unavailable at the time and another engine had to be dispatched from Leicester. The crew got lost on the way because they put the wrong address in the sat-nav (satellite navigation) device.
Advise Mark in respect of any claims he may have (if any).
In this question, we are asked to advise Mark as to the possible claims he might have. On the facts, the defendants are Justin and Jason, Chigley Services and the Fire Brigade. Several issues must be taken into consideration, we must determine on the facts whether there can be any possible claims on the economic loss that Mark has suffered due to the fire. Also, we must decide whether the fire
University of London
LLB, 2nd year
Tort Law
Question
Amber Valley Primary School was closed 6 months ago by Amber Borough Council (ABC), the local education authority, which owns all the land and buildings. The school has been standing empty while ABC attempts to find a buyer for the site. Although ABC placed fencing around the site, local residents reported that youths had broken into the site on a number of occasions.
Last week a group of youths from a nearby young offenders institution, operated by Chigley Services Ltd (CS) under contract to the Home Office, broke into the disused school and set fire to it. The youths had been clearing rubbish from a neighbouring stream and were supposed to have been under the supervision of Justin and Jason, both of whom are CS employees. However, Justin and Jason had gone for a cigarette break and left the youths unsupervised at the time the break-in occurred.
The fire caused damage to neighbouring property including a baker 's shop owned by Mark. It is likely to be many weeks before the business can reopen and Mark stands to lose many thousands of pounds in lost profits.
It later transpired that the fire would not have had time to spread to neighbouring property had the Fire Brigade acted more swiftly. The Amber Valley Fire engine was unavailable at the time and another engine had to be dispatched from Leicester. The crew got lost on the way because they put the wrong address in the sat-nav (satellite navigation) device.
Advise Mark in respect of any claims he may have (if any).
In this question, we are asked to advise Mark as to the possible claims he might have. On the facts, the defendants are Justin and Jason, Chigley Services and the Fire Brigade. Several issues must be taken into consideration, we must determine on the facts whether there can be any possible claims on the economic loss that Mark has suffered due to the fire. Also, we must decide whether the fire
Bibliography: Books Elliott C & Quinn F, Tort Law (8th edn Pearson, Gosport 2011) Deakin S, Johnston A & Markesinis B, Markesinis And Deakin’s Tort Law (7th edn OUP, Hampshire 2013) Hepple and Matthews’, Tort Cases and Materials (6th edn OUP, New York 2009) Articles Vranken M, ‘Duty to Rescue in Civil Law and Common Law’ (1998) 47 Int 'l & Comp