LAW5005 Summative Assignment – 2021/2022 Instructions
Answer BOTH the Essay Question AND the Problem Question below in no more than 2000 words. This is an absolute maximum, and includes footnotes, which should be in OSCOLA format. You should dedicate no more than 800 words to the problem question. In terms of formatting, please use size 12, Times New Roman font, with 1.5 line spacing.
Questions
Essay Question:
Compare and contrast the defences of loss of control and diminished responsibility.
Problem Question:
Florian and Paul live together in Whitechapel and have been close friends throughout their three years at university. They are both known for constantly playing pranks on each other. During the final year university summer party, Paul decides to play one final prank on Florian by pulling his trousers down and lashing his naked legs with a leather whip while Florian is dancing on a podium. He does so to the great delight of their fellow students but in the rush to pull his trousers back up Florian falls off the podium and onto Heidi who is dancing below. Heidi twists her ankle and screams in pain.
Florian is furious at Paul for showing him up, and decides to get his own back when they return home that night. Once home, Florian waits for Paul to fall asleep before going to the bathroom cabinet where his girlfriend has forgotten her hair dye which contains peroxide (a bleaching agent). He empties the entire bottle on Paul’s head and gently rubs it into his scalp, thinking that it will dye his hair blonde by the time he wakes up. In the morning Paul wakes up with a severe burning sensation on his head. He leaps out of bed and runs to the bathroom where he rinses his head under the shower. Tufts of his hair come out leaving him with small bald patches. He later goes to see his doctor who tells him he has some minor burning to his scalp and that his hair will grow back. On his way home from the doctor Paul bumps into Heidi who has also been in to see a doctor. She tells Paul that the doctor thinks she may have dislocated her ankle when Florian fell on her the previous night.
Discuss the potential liability of both Paul and Florian.