Answer the following 2 questions (part A and part B, 1500 words each):
Question 1: In novel cases, priority should be given to considerations of social policy and distributive justice. To what extent do you agree?
Question 2: LaMarr and Isaac had been in a civil partnership for the last five years. Six months ago, the couple adopted a five-year-old girl, named Kelly. From the beginning of their relationship, LaMarr had been verbally abusive towards Isaac calling him names, however, since the adoption of their daughter, LaMarr started becoming physically abusive towards Isaac. PC Malloy, with Union Police, attended the flat three times on domestic abuse claims, but LaMarr was only cautioned. Two months ago, after a particularly intense fight, LaMarr said to Isaac, ‘I’m leaving! The next time I see you all
alone, I’m going to kill you.’ The Union Police were alerted to this incident, but no further action was taken.
One week later, Isaac took Kelly to a nearby aquarium. Whilst there, Kelly starts struggling to breathe and becomes red in the face and neck. Isaac rushes Kelly to Union Hospital. When they reach the hospital, they are greeted by Talla, the A&E nurse
receptionist. Talla glances at Kelly and on her admittance notes, she writes that Kelly is ‘short of breath (mild severity)’. Talla completes the triage notes and Isaac is told to take a seat with Kelly. Thirty minutes later, Kelly begins to convulse. She is rushed to a
treatment room where she is immediately diagnosed as suffering a severe allergic reaction. Dr Finn administers an EpiPen and oxygen, however, Kelly suffers minor brain damage due to oxygen deprivation.
Later that night, after Kelly is admitted to hospital, Isaac returns to his flat to try and get some sleep. Outside, LaMarr sees Isaac enter the flat. Moments later, Isaac hears a knock at the door and looking through the peephole, identifies LaMarr on the other side. Isaac
immediately calls Union Police shouting that his ex-partner was back to kill him. The call receiver, Alara, tells Isaac to ‘calm down and that the police are on their way. You should lock yourself in your flat and under no circumstances should you engage LaMarr – the
police will find you.’ Hearing Isaac on the other side, LaMarr begins banging on the door, trying to get in. Alara rates the call as ‘Category 1 – Immediate Attention’ and assigns the case to Police Constables Mercer and Bortus, who are approximately one mile away from
the flat. Police Sergeant Grayson, however, intercepts the call and reassigns it to PC Malloy who is just coming off break approximately four miles away from the flat.
Remembering his key, LaMarr enters the flat and when PC Malloy arrives fifteen minutes later, he hears the two men yelling and then a final scream. Isaac has been killed and LaMarr escapes through a window and is in hiding from the police. The police deny any
and all liability based on the Hill principle.
Advise all parties of their rights and liabilities in Tort.
