Negligence

Question 1

Negligence

Answer 1

Question 2

Damage

Answer 2

Question 3

Awarding damages

Answer 3

Question 4

Vicarious liability

Answer 4

The liability for another’s wrong - often in an employer/employee context

Question 5

Nature of negligence law

Answer 5

• Cival law
• Case law
• County Court / High Court (QBD)

Question 6

Occupiers liability

Answer 6

Occupiers liability deals with liability that may arise from accidents caused by the defective or dangerous condition of premises

Question 7

Nuisance

Answer 7

Question 8

Private nuisance

Answer 8

Basis for private nuisance
The claimant must show three elements:
1) A claimant has a proprietary interest in the land (normally freehold or leasehold)
2) a defendant performed an act that interfered with the claimants use and enjoyment of his property.
3) that the defendants interference with the claimants use or enjoyment of land was substantial and reasonable.

Question 9

Tresspass

Answer 9

Definition:
Intentionally or negligently entering or remaining on, or directly causing any physical matter to come into contact with, land in possession of another.
Land includes underground (subject to minerals laws) and airspace

Question 10

Ensuring good defence to any claim

Answer 10

Question 11

Permissible margins of error:

Answer 11

Question 12

What is the statement of an easement

Answer 12