5.
Which statutory provision was challenged in Davies
v Health and Safety Executive?
Section 40 of the
Health and Safety at Work Act 1974
10. Occupiers'
Liability
1.
What is the primary difference between the application
of the Occupiers' Liability Act 1957 and the Occupiers' Liability Act 1984?
The 1957 Act applies
to lawful visitors and the 1984 Act to those other than visitors.
2.
Is it true that ‘visitors’ for the purposes of the
Occupiers' Liability Act 1957 includes users of public or private rights of
way?
No
3.
Which statutory provision deals with the specific nature
of the duty owed by occupiers to children?
Section 2 (3) (a) of
the Occupiers' Liability Act 1957
4.
What is the name of the principle applied to situations
in which occupiers have been deemed to allow children to be encouraged on to
their land by a particular feature of it?
The allurement
principle
5.
Which statute, usually of more relevance to the law of
contract, can affect an occupier's liability to affect his own liability?
The Unfair Contract
Terms Act 1977
6.
Is it true that the provisions of UCTA apply
only to business occupiers?
Yes — private
occupiers will be governed by the common law relating to such terms.
7.
What, for these purposes, is a ‘trespasser’?
A person whose
presence on land is unknown to the occupier or, if known, is objected to by the
occupier in some practical way.
8.
What is the name of the statute enacted in order to balance
public access to common countryside with the rights of landowners?
9.
What was the significance of the decision in Gwilliam
v West Hertfordshire Hospital
That occupiers have a
duty to inquire as to the insured status of independent contractors on their
land.
11. Torts
Relating to Land
1.
Name three statutes which add to the forms of trespass
available at common law.
· The Anti-Social
Behaviour Act 2003
· The Serious Organised
Crime and Police Act 2005
· The Criminal Law Act
1977
· The Public Order Act
1986 and the Criminal Justice and Public Order Act 1994
2.
The tort of trespass is actionable per se.
What does this mean?
It means the tort is
actionable without the claimant having to prove actionable damage.
3.
What are the two main differences between the actions of
trespass and nuisance?
Trespass is
actionable per se, whilst nuisance requires damage to be proven.
Trespass concerns direct interference with the claimant's land, whereas
nuisance is concerned with indirect interferences.
4.
What sort of interference must the claimant in a
nuisance action prove, in relation to his land, in order to succeed?
The interference with
his land must have been unreasonable.
5.
What is the primary distinction between private nuisance
and public nuisance?
Private nuisance is
concerned with interferences with private land and public nuisance with
interferences with public land.
6.
In an action for public nuisance, what must a claimant
have suffered in order to succeed?
Special damage
7.
What must a claimant have in order to bring a successful
claim in private nuisance?
A sufficient interest
in the land concerned.
8.
What sort of damage is not recoverable in private
nuisance?
Personal Injury
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
9.
What is trover?
It is the old name
for conversion and is sometimes still used.
10.
Is intention relevant to the tort of conversion?
Yes
18. Defamation
and Other Torts Affecting the Reputation
1.
What are the primary differences between libel and
slander?
· Libel has to exist in
some permanent form; slander does not
· Libel is
actionable per se; slander is not
· Libel can be a crime
as well as a tort; slander is just a tort
2.
True or False: only living persons can sue for defamtion?
True
3.
What is meant in this context by ‘publication’?
It means the
statement must be communicated to a third party.
4.
In which case was the following definition of defamation
offered?
“A statement which
tends to lower the claimant in the estimation of right thinking members of
society generally…”
Sim v Stretch
5.
What technical term is used to refer to the situation
where words are not defamatory on their face, but can be construed as such by
people who know the claimant?
Innuendo
6.
What is the material difference between qualified and
absolute privilege?
In order successfully
to plead qualified privilege, the defendant must prove that the statement was
made without malice.
No comments:
Post a Comment