THIS IS NOT THE EXAM!!!!!! | | |BA HONS IN LAW | |EXAMINATION: | |TORT LAW 1 | |YEAR 1 | Time/Date: | | |Venue: | | |Sem 1 20** |DURATION: 2 HOURS | |Internal Examiner: |ELLIOTT PAYNE, M. A, LLB, SOLICITOR | |External Examiner: |?????????????????????? |Instructions To Candidates | | | | | |ANSWER FOUR QUESTIONS. | | | |ALL QUESTIONS CARRY EQUAL MARKS. | | | |USE CASE LAW AND STATUTORY AUTHORITY TO SUPPORT YOUR ANSWERS. | | WATERFORD INSTITUTE 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. One day after a very stressful day at work, Paul sees Carl returning home and pounds his fists and shouts 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 Carl’s door, grabs Carl by the hair and forces him into an upstairs bedroom. Paul locks the door and tells Carl that if he wants to leave, he can climb out of the window and jump. Identify and explain whether Paul has committed any tortious acts? Identify and explain using 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 between the torts of conversion and detinue; c) The facts and decision reached in the Cambridge Water Co. Eastern Counties Leather plc case; d) The tort of emotional distress e) Novus Actus Interveniens; f) Causation explaining BOTH the legal and factual causation tests; g) The differences between tort law and contract law; h) Actionable per se – listing 2 different torts that are 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 claimed under the Act? (5 MARKS) c) Explain using case law the meaning of the term “defective”. (9 MARKS) d) Briefly explain those defences that could be raised by a potential 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 vicarious liability and explain in detail the standard of care owed by employers to their employees. 25 MARKS) Q5 Rob has 2,000 acres of trees on his land, which supplies the nearby Cider manufacturer “Magbul”. Following the heaviest rainfall in living memory combined with two days of electrical storms, Rob’s land has been severely affected. As a result of the rainfall and electrical storms, at least 20 of his tress have been uprooted and have rolled down Rob’s land causing significant disruption on the way. Some of the trees rolled westerly and have completely destroyed the garage and cattle shed of one of his neighbour’s (Sally) land.
Some tress rolled easterly and knocked huge holes in another neighbour’s (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 may 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 passing off.
Your note must 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)