Legal Method & Tort

Question 1

Which Act of Parliament set out statutory nuisance provisions set out before the Environment Act 1990 was enacted?

Answer 1

Public Health Act 1936

Question 2

Under which provision of the Environmental Protection Act 1990 can an individual complain to a Magistrates’ Court about an alleged statutory nuisance?

Answer 2

Section 82

Question 3

The Statutory Nuisance (Appeals) Regulations 1995 set out what?

Answer 3

Some of the procedural requirements under which appeals may be brought against the requirements of an abatement notice

Question 4

How may a property be a statutory nuisance?

Answer 4

Premises in such a state as to be prejudicial to health or a nuisance

Question 5

What is Halsbury’s Laws of England

Answer 5

A well respected multi-volume commentary on English Law

Question 6

An owner is the proper target of an abatement notice when?

Answer 6

Often - unless someone else has caused the nuisane

Question 7

Which Act of Parliament empowers a local authority to issue an enforcement notice to protect the amenity of land in council areas?

Answer 7

Town and Country Planning Act 1990

Question 8

Which Act of Parliament empowers a local authority to require a land owner to clear rubbish from their land to deal with actual or threatened infestation of rats or mice

Answer 8

Prevention of Damage by Pests 1949

Question 9

What did Ms Donoghue find in her ginger beer?

Answer 9

A snail

Question 10

What type of case is Donoghue–v-Stevenson

Answer 10

A Scots Law case (relevant to UK as seen by HoL)

Question 11

If a judge distinguishes a precedent what does this mean and why are they doing it?

Answer 11

Arguing that a case cited by others as precedent is not an appropriate analogy for the current case. They are doing this to avoid the need to follow existing precedent and develop an alternative interpretation of the relevant law

Question 12

In what kinds of cases do judges most commonly become concerned about “opening the floodgates”?

Answer 12

Cases involving potential changes to the interpretation of the law which they fear may have wide ranging consequences

Question 13

What does Murphy–v-Brentwood D.C (1990) show?

Answer 13

Judges were concerned about the potential impact of placing ever more liability on public bodies via liability in negligence - particularly when related to devaluation

Question 14

What did Caparo–v-Dickman (1990) do

Answer 14

Restrict liability in negligence

Question 15

What branch of law does tort relate to?

Answer 15

Civil law

Question 16

What does Res ipsa loquitur mean and how is it relevant to negligence

Answer 16

The thing speaks for itself - sometimes injury in close proximity or a careless act/omission is enough proof that negligence caused the injury

Question 17

What is trespass

Answer 17

A direct interference with property rights without lawful excuse

Question 18

Name three Acts of Parliament which grant access to neighbouring land

Answer 18

Party Wall Act 1996
Access to Neighbouring Land Act 1992
Civil Aviation Act 1982

Question 19

What are the principles of Private Nuisance

Answer 19

• A balance has to be struck over reasonable use and enjoyment (give and take)
• A one off incident cannot be a private nuisance
• Reasonableness of use of the land will be considered, hypersensitivity or unreasonable expectations for enjoyment of property may lead to failure in the claim

Question 20

What did Andrae-v-Selfridge (1938) involve?

Answer 20

A resident having to put up with noise and nuisance during construction works at a nearby property

Question 21

What does the Defective Premises Act 1972 do

Answer 21

Imposes a duty of care on builders towards subsequent owners of the dwelling. This entitles those subsequent owners to claim against the builder if the dwelling was built or renovated in a negligent way