9.
What is meant, in the context of private nuisance, by the
concept of hypersensitivity?
A claimant will be
deemed hypersensitive if his land is affected only because of a particular vulnerability;
where, in other words, a reasonably robust user of land would not be affected.
10.
How is the notion of foreseeability relevant to an action
in Rylands v Fletcher?
The ultimate damage
must have been reasonably foreseeable by the defendant for the claimant to be
able to recover for it. The escape need not have been foreseeable. Once that
damage is deemed to be foreseeable, no amount of care on the part of the
defendant will prevent liability if that damage ensues.
12. Liability for
Animals
1.
Who, in this context, is a ‘keeper’?
The owner or the animal
or, if the owner is under 16, the head of the household. If the animal is a
stray, the keeper will be deemed to be the previous keeper.
2.
What is the nature of the liability in this context?
The liability is
strict.
3.
What amounts to a ‘dangerous species’?
One which is not
commonly domesticated in the British Isles and which, when fully
grown, is likely to cause severe damage.
4.
In terms of a keeper knowing about an animal's unusual
characteristics, is constructive knowledge sufficient?
No, it must be actual
knowledge.
5.
Can the owner of a parrot which makes defamatory
statements be liable for those statements?
Yes
13. Trespass to the
Person
1.
What is an assault?
Putting someone in fear
of an immediate battery.
2.
What is a battery?
The application of
direct physical force to the victim.
3.
What was the definition of false imprisonment given
in Collins v Wilcock?
“The unlawful
imposition of restraint on another”
4.
What was the ratio of Bird v Jones?
That, for there to be a
false imprisonment, the claimant must have had no reasonable means of escape.
5.
In order for behaviour to amount to Harassment under the
Protection from Harassment Act 1997, what must the defendant's actions have
amounted to?
A course of conduct.
6.
What are the defences to an action in trespass to the
person?
Necessity,
self-defence, consent, statutory authority and reasonable chastisement.
7.
True or False: the claimant need not have known that he
was imprisoned in order to be successful in a claim for false imprisonment?
True
14. Employers
Liability
1.
What is the technical term for a duty which an employer
cannot assign to anyone else?
A non-delegable duty.
2.
True or False: an employer can be liable for the torts of
an independent contractor whom he has employed?
3.
What is an ultra-hazardous activity?
An activity which is
inherently dangerous; responsibility for which cannot be delegated.
4.
In which case was an employer held liable for the injury
caused to one of his employees by violent customers, when he knew of the risks
and the fact that other staff had been assaulted on previous occasions?
Rahman v Arearose
5.
There is a mutual duty between employer and employee
implied into every contract of employment. What is it?
A mutual duty of trust
and confidence.
6.
Name three of the recent cases concerning employers'
liability for occupational stress.
· Sutherland v Hatton
· Barber v Somerset
· Hartman v south Essex Community NHS Trust
· Eastwood v Magnex
Electric plc
15. Product Liability
1.
Why has the regime of product liability developed outside
of the realm of contract law?
Because contract
remedies are limited to the parties to the contract.
2.
What is the main statue governing this area?
Consumer Protection Act
1987
3.
What is the term used to describe liability under which a
claimant can sue all or any of the potential defendants, leaving those
defendants to sue one another for their respective contributions?
Joint and several
liability
4.
How is a defect in goods defined?
A defective good is one
whose safety is not such as “persons generally are entitled to expect, taking
into account all the circumstances”.
5.
On whom does the burden of proof lie?
6.
The claimant What is the name of the defence based on the state
of scientific or specialist knowledge at the time the product was supplied?
The development risks
defence.
7.
What is the limitation period for actions of product
liability?
10 years from the date
of supply.
16. Vicarious
Liability
1.
What is the principal limiting factor on situations in
which employers can be vicariously liable for torts committed by their
employees?
The tort must have been
committed during the course of the employee's employment.
2.
What is the principle, under which a term is implied into
contracts of employment that an employee will exercise all reasonable care and
skill during the course of his employment?
The Lister v Romford
Ice Principle
3.
When might the court be concerned with who owns the tools
used by a particular individual?
It is one of the ways
in which the court might differentiate between employees and independent
contractors.
4.
Which two questions were identified as important in Lister
v Hesley Hallfor establishing vicarious liability?
1. Was the person who
committed the tort an employee?
2. Was the employee acting
in the course of employment when the relevant tort was committed?
5.
What is one of the main practical problems with the
control test?
In practical terms,
many persons who are technically employees (such as doctors) are not in any
real sense ‘controlled’ by their employer.
17. Trespass to
Goods
1.
What is a trespass to goods?
A “direct, immediate
interference with personal property belonging to another person”.
2.
What is a reversionary interest?
This is the interest
retained by someone who does not currently have possession of them, or the
right to immediate possession, but to whom such rights will revert when the
current possessor's interest expires.
3.
What is a conversion?
A “dealing with goods
in a manner inconsistent with the rights of the true owner”.
4.
What is the primary statute of relevance in this area?
The Torts (Interference
with Goods) Act 1977
5.
Who can sue in conversion?
Only the party
currently in possession of the goods, or with the right to immediate
possession, (even if this is not the owner).
6.
What might be considered remarkable about the remedies
available for conversion?
There is no automatic
legal right for the claimant to have the goods returned to him; the general
remedy is the market value of the goods. Once this has been paid, the
claimant's title is extinguished, effectively facilitating a forced judicial
sale of the goods in question.
7.
What happened to the old action of detinue?
It was abolished in
name by the Torts (Interference with Goods) Act 1977, but in substance is now
covered by conversion.
8.
True or False: contributory negligence is no defence to
the tort of conversion?
True
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