1. Foundation Law 2013/14
1
Seminar 10
Law of Torts (1)
Reading List:
 Jacqueline Martin, “GCSE Law”, 5th
edition, Chapter 17-Law of Tort: Introduction &
pages 130-137 of Chapter 18-Law of Tort: Negligence
Cases:
 Barnett v Chelsea & Kensington Hospital Management Committee (1968)
 Bolton v Stone (1951)
 Bourhill v Young (1943)
 Caparo Industries v Dickman (1990)
 Donoghue v Stevenson (1932)
 Froom v Butcher (1976)
 Nettleship v Weston
 Paris v Stepney Borough Council (1951)
 Roe v Minister of Health (1954)
 Scott v London & St Katherine Docks (1865)
 Smith v Leech Brain & Co (1962)
 The Wagon Mound (1961)
Seminar Questions:
1) Guy brought his colleague Laila, a sandwich from Waitrose for lunch. When Laila took a
bite from the sandwich, she cut her lip and discovered a piece of glass in the sandwich.
Advice Laila on whether she can bring an action in tort.
Turn Over
Learning Outcomes:
 Understand what is meant by a tort and distinguish between a tort and crime;
 Be able to outline the different types of torts and the expected standard of behaviour set out under
each one;
 Explain the tort of negligence and the four key elements of the tort of negligence;
 Distinguish between the different types of damages and specifically pure economic loss and
consequential economic loss;
 Apply legal principles to given facts and demonstrate criticality & analysis when answering fact
based questions; and
 Analyse case law and be able to apply case law in a persuasive manner to hypothetical case studies.

2. Foundation Law 2013/14
2
2) David visited his dentist, Dr. Colgate, for a routine check-up. Dr. Colgate asked David
whether he had any problems with his teeth or if he experienced any pain or bleeding
when brushing. David told him that he noticed that his two back teeth occasionally
became sensitive when he had something cold to eat or drink.
Without carrying out an x-ray of his teeth, Dr. Colgate told David that these symptoms
were associated with possible tooth decay and he extracted both teeth under general
anaesthetic.
Following the extraction, David began to suffer from severe pain in his mouth and
unusual swelling on his gums.
Since the extraction Dr. Colgate has been on holiday and David decided to consult
another dentist, Dr. Smile. Upon examination of his mouth, Dr. Smile told David that he
has developed a gum infection as a result of the equipment used to extract the teeth not
being sterilised.
Does David have a negligence case against Dr. Colgate?
3) Mandip, who recently passed his driving test, took his girlfriend Kiran for a drive in his
new car.
Mandip started to show off his newly acquired skill and in an attempt to get through the
traffic light, which was about to turn red, he crashed into Ben, who was pulling out from a
side road.
Both cars were damaged and Ben, who was not wearing his seatbelt at the time, suffered
from a whiplash (back injury) and a broken nose.
Can Ben bring an action against Mandip?