Chapter 2 Questions Flashcards
Kabir has just won a court case after being charged with trespass. The most likely reason for this is
the act was unintentional
A petition to a court for a property damage claim must usually be made within
six years of the date of loss
A golf club was prosecuted by an adjoining resident where damage was caused by a golf ball breaking a window. If the claim for ‘nuisance’ was rejected by the courts, the most likely reason for this would be
there was no evidence of repetition
what is a tort
a breach of civil duty imposed on everybody by the general law, damages are always unliquidated and liability is usually based on fault
what is a breach of contract
breach of a duty imposed by agreement, damages may be liquidated or unliquidated and liability is usually strict
why is contributory negligence not a deference
it is a plea in mitigation which reduces liability (and damages payable) but does not remove it
what is a defence
a legal excuse for what would otherwise be a wrong, if successful it removes all liability
what are the key characteristics of the tort of trespass
the act of the defendant must be direct, intentional (or possibly only negligent)
the tort is, in every case, actionable per se
what is the neighbour principle
principle for establishing when a duty of care is owed in negligence, it is based on ‘reasonable foreseeability’
what two forms may private nuisance take
wrongfully allowing the escape of noxious things from one’s property so as to interfere with the claimant’s land
wrongful interference with servitudes (rights attaching to land)
what are the defences available in defamation
truth
honest opinion
publication on a matter of public interest
innocent defamation
privilege
what do ordinary visitors to an owner’s property have protection under
occupiers’ liability act 1957
