Sample Tort Yr1 Exam

THIS IS not THE run BA HONS IN faithfulness EXAMINATION TORT LAW 1 YEAR 1 Time/Date Venue Sem 1 20** DURATION 2 HOURS Internal Examiner ELLIOTT PAYNE, M. A, LLB, SOLICITOR foreign Examiner ?????????????????????? Instructions To Candidates ANSWER FOUR QUESTIONS. ALL QUESTIONS CARRY enough MARKS. USE CASE LAW AND statutory AUTHORITY TO SUPPORT YOUR ANSWERS. WATERFORD work OF TECHNOLOGY THIS IS NOT THE EXAM USE CASE LAW AND STATUTORY AUTHORITY TO SUPPORT YOUR ANSWERS Q1 Paul suspects that his wife Sharon is having an affair with his next-door neighbour Carl. single day after a very stressful day at work, Paul sees Carl returning home and pounds his fists and sh bulges out say your prayers Carl, because I am going to stab you. Sharon overhears the shouts and tells Paul that she is moving in with her sister.Paul has now had enough. He proceeds to kick down Carls door, grabs Carl by the hair and forces him into an on a higher floor bedroom. Paul locks the door and tells Carl that if he wants to leave, he great deal climb out of the window and jump. Identify and explain whether Paul has committed either tortious acts? Identify and explain employ legal definitions and cases whether Paul has committed any tortious acts? (TOTAL 25 MARKS) Q2 Write a brief note on FIVE of the following a) Scienter liability for animals ) The differences mingled with the torts of conversion and detinue c) The facts and finality reached in the Cambridge Water Co. Eastern Counties Leather plc case d) The tort of worked up distress e) Novus consummationus Interveniens f) Causation explaining BOTH the legal and factual causation tests g) The differences between tort law and contract law h) Actionable per se inclination 2 different torts that atomic number 18 actionable per se. (5X5 MARKS) (TOTAL 25 MARKS) Q3 a) Explain using case law what is the definition of a producer under the Act. (5 MARKS) ) What limits are placed on the damage that can be cl aimed under the Act? (5 MARKS) c) Explain using case law the meaning of the term risky. (9 MARKS) d) Briefly explain those defences that could be raised by a capableness defendant. (4 MARKS) (e)What are the time limits for submitting a claim? (2 MARKS) (TOTAL 25 MARKS) THIS IS NOT THE EXAM USE CASE LAW AND STATUTORY AUTHORITY TO SUPPORT YOUR ANSWERS Q4 What is secondary liability and explain in detail the standard of care owed by employers to their employees. 25 MARKS) Q5 gazump has 2,000 acres of trees on his degrade, which supplies the nearby Cider manufacturing business Magbul. Following the heaviest rainfall in living memory combined with ii days of electrical storms, Robs add has been severely affected. As a result of the rainfall and electrical storms, at least 20 of his tress have been uprooted and have turn over down Robs land causing significant disruption on the way. Some of the trees rolled westerly and have completely destroyed the garage and cattle drift of on e of his neighbours ( gap) land.Some tress rolled easterly and knocked grand holes in another neighbours (Karen) land. Rob has heard that Karen and Sally are going to sue him under the Rylands and Fletcher rule. Explain to Rob the facts of the Rylands v Fletcher case what the rule is the elements that make up the rule whether the Rylands and Fletcher rule whitethorn apply in this case AND regardless of whether the Rule applies or not, whether Rob has any defences on which he could rely. Q6 EITHER Using caselaw where appropriate, write a detailed note on the tort of base on balls off.Your note mustiness address the following issues the definition of passing off the elements required for a successful passing off claim and the use of injunctions in passing off claims. (TOTAL 25 MARKS) OR a) What is the legal definition of trespass to land? (3 MARKS) (b)Explain using case law the different forms which trespass to land can take. (14 MARKS) (c)Explain the Judge Brian Curtin case study. (3 MARKS) (d)Explain the defences of lawful authority and jus tertii to a trespass to land case. (5 MARKS) (TOTAL 25 MARKS)