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Tort law

These tort law essay examples are generated through Law Writer’s free plan, giving you a 2:2-standard model answer for reviewing structure, legal principles and the application of authority. If you need a more developed response, credits can be used to produce 2:1, first-class or master’s-level work with stronger case analysis, deeper critical evaluation and a more sophisticated discussion of policy and reform.

Tort law deals with civil wrongs, duties of care, liability for harm and the remedies available when one party causes loss or injury to another. Essays may cover negligence, duty of care, breach, causation, remoteness, psychiatric injury, pure economic loss, omissions, occupiers’ liability, employers’ liability, vicarious liability, product liability, nuisance, Rylands v Fletcher, trespass to land, trespass to the person, defamation, privacy, misuse of private information, malicious prosecution, deceit, economic torts, breach of statutory duty, public authority liability, professional negligence, medical negligence, defences, contributory negligence, consent, illegality, limitation, damages, injunctions and the relationship between compensation, deterrence, corrective justice and social policy. Strong answers often require close attention to case law, incremental reasoning and the policy limits placed on liability.

Tort law - image of person having been hit by a car, lying on the floor

September 03, 2026

LEGAL OPINION

To: Instructing Solicitor From: Trainee Solicitor Date: 24 May 2024 Re: Potential claims by Ngāti Waewae against Pedro Petrol and ...

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Tort law - image of person having been hit by a car, lying on the floor

September 02, 2026

TO: You FROM: Marama and Suliana (Senior Partners of your law firm) RE: Ngāti Waewae’s ability to sue under Rylands v Fletcher and Donoghue v Stevenson The following facts have been obtained from our client, the iwi Ngāti Waewae, and we seek your legal opinion as to the likely outcome if the iwi took an action to court under the Rylands v Fletcher and Donoghue v Stevenson lines of cases. Pedro Petrol owns a large petrol station. There are underground storage tanks which store large quantities of petrol. The tanks were supplied and installed by Storage Solutions Ltd (SS) in 2022. As part of their contract with Pedro, SS guarantees that any problems with the storage tanks will be repaired for ten years following installation. When Pedro bought the tanks, SS said they were of the highest quality and very safe and strong. They also warned as follows: SS’s tanks are the best in the business. There have not been any leaks from them to date. Just to be safe, we recommend that you perform annual checks on the tanks. If you detect unusually strong smells of petrol from the tanks, please let us know and we can carry out a check and repair of the tanks. In 2023, one year after the tanks were installed, there was a relatively small earthquake (magnitude 5.9) which concerned Pedro as to whether the tanks were still fit for purpose. He immediately asked his employee, Steven Sniffer, to check if there were any unusual smells or fumes coming from the area where the tanks were. Steven thought any checks would not be helpful, as he believed the tanks were meant to be fool- proof. He did not do any check and reported to Pedro that all was fine. However, the earthquake disturbed the ground and caused a small crack along the base of one of the tanks. Petrol began to slowly leak into the ground, but it could not be seen because of how deep the tank was in the ground. Steven was tasked by Pedro to perform annual checks of the tanks. He did do these checks in 2024 and early 2025 but he did them in a very hurried manner. At that time, there was still only a small seepage of petrol which would not have given a strong smell. In late 2025, the crack along the base of the tank ruptured much further. Ten thousand gallons of unleaded petrol escaped from the ruptured tank. The petrol travelled through the subsoil, down into an underground stream that fed a neighbouring watering hole owned by Ngāti Waewae. The watering hole was some 500 metres away from the petrol station. In early 2026, members of Ngāti Waewae noticed that their watering hole was smelling of petrol. The watering hole serviced their commercial orchard which was planted with normal strawberries. They also noticed that their crop of strawberries had all failed. Scientific testing has since confirmed that petrol had destroyed the large strawberry patch. The large strawberry patch has been totally destroyed and will need to be dug up and replaced with new soil. This will cost $2 million. The watering hole will also need to be replaced, which will cost $5 million. 3 The public is also now hesitant to buy the iwi’s strawberries punnets because of an unproven concern that there is petrol in the strawberries. In fact, no strawberries had been harvested from the orchard while there was a leak. The iwi has lost $10 million in revenue as a result. Ngāti Waewae was also thinking of selling the farm. They have been told by a valuer that their farm is now worth $2 million less because of the petrol leak. Ngāti Waewae also had several feijoa trees on the property. They survived the petrol leak and their fruit remains perfectly sellable and healthy. However, the feijoa is worth $1 million less because purchasers are not convinced they are healthy. SS says it should not be liable because it says it gave a clear warning which was ignored. There is evidence that soon after the 2023 earthquake, Pedro opened the manhole for the tanks and did not smell any petrol. The tanks were too far below the ground and the leak was too small at that time for any smell to be detected. However, if a proper check was done after the base of the tank ruptured in 2025, then the leak would have been detected. SS also says the tank was ruptured because of the earthquake and not because it was negligent. Pedro points out that his petrol station is the only one in the rural area. It provides petrol to the local residents and also many farmers in the area. Pedro also says he should not be liable because the earthquake, or his employee, were the culprits. He says his employee should have kept checking the tanks on a more regular basis. Ngāti Waewae has asked your law firm to advise on whether it should bring an action against Pedro Petrol using the Rylands v Fletcher line of cases. Ngāti Waewae also seeks advice on whether it should bring an action against Storage Solutions Ltd (SS) using the Donoghue v Stevenson line of cases. Steven Sniffer has since moved to Iceland and is uncontactable. Write a well-reasoned legal opinion for Marama and Suliana, senior partners of your law firm, that analyses the key issues and comes to justified conclusions as to the likely outcomes. In order to write your legal opinion, you are asked to rely on and only use the following cases that are in your course materials: Rylands v Fletcher CM 73 Donoghue v Stevenson CM 103 Read v Lyons CM 76 Grant v Australian Knitting Mills CM 108 Rickards v Lothian CM 79 Jull v Wilson & Horton Ltd CM 118 Eriksen v Clifton CM 87 Bowen v Paramount Builders Ltd CM 123 Holderness v Goslin CM 87 Cambridge Water Co v Eastern Counties Leathers CM 88 Hamilton v Papakura District Council CM 97 Nottingham Forest Trustee Ltd v Unison Networks Ltd CM 100

LEGAL OPINION TO: Marama and Suliana, Senior Partners FROM: [Your Name], Legal Assistant DATE: 24 May 2024 RE: Ngāti Waewae: ...

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