Q2 Legal Method & Intro to Tort Flashcards
In which Act of Parliament were the statutory nuisance provisions set out before the Environmental Protection Act 1990 was enacted?
A.
Control of Nuisance Act 1974
B.
Public Health Act 1936
C.
Clean Neighbourhoods and Environment Act 2005
D.
Weeds Act 1956
B.
Public Health Act 1936
The statutory nuisance powers have their origin in public health legislation.
Under which provision in the Environmental Protection Act 1990 can an individual complain to a Magistrates’ Court about an alleged statutory nuisance?
A.
Section 82
B.
Regulation 82
C.
Paragraph 82
D.
Clause 82
A.
Section 82
The Statutory Nuisance (Appeals) Regulations 1995 set out what?
A.
All of the procedural requirements under which appeals may be brought against the requirements of an enforcement notice
B.
All of the procedural requirements under which appeals may be brought against the requirements of an abatement notice
C.
Some of the procedural requirements under which appeals may be brought against the requirements of an enforcement notice
D.
Some of the procedural requirements under which appeals may be brought against the requirements of an abatement notice
D.
Some of the procedural requirements under which appeals may be brought against the requirements of an abatement notice
Statutory Nuisance (Appeals) Regulations 1995 = some procedural requirements against abatement
Which of the following is a type of statutory nuisance
A.
Premises in such a state as to be prejudicial to health or a nuisance
B.
Premises in such a state as to be prejudicial to health and a nuisance
C.
Premises in such a state as to be prejudicial to health but not a nuisance
D.
Premises in such a mess as to be prejudicial to health or a nuisance
A.
Premises in such a state as to be prejudicial to health or a nuisance
Halsbury’s Laws of England is
A.
an exciting ITV TV drama series starring Martin Sheen as a renegade solicitor, Gary Halsbury.
B.
a multi-volume commentary on English Law that is well respected by judges and practising lawyers
C.
a respected legal textbook written in 1865 by Lord Halsbury
D.
a publication that contains the up to date text of all statutes currently in force in England.
B.
a multi-volume commentary on English Law that is well respected by judges and practising lawyers
An owner is the proper target of an abatement notice
A.
often
B.
always
C.
never
D.
occasionally
A.
often
Which of the following empowers a local authority to issue an enforcement notice in order to protect “the amenity” of land in the council’s area?
A.
Protection of Nice Views Act 2002
B.
Building Act 1984
C.
Housing Act 2004
D.
Town & Country Planning Act 1990
D.
Town & Country Planning Act 1990
Which of the following empowers a local authority to require a land owner to take steps to clear rubbish or other items from their land in order to deal with actual or threatened infestation by rats or mice?
A.
The Prevention of Damage by Pests Act 1949
B.
The Prevention of Damage by Rabbits Act 1939
C.
The Prevention of Damage by Mice Act 1926
D.
The Prevention of Damage by Rats Act 1967
A.
The Prevention of Damage by Pests Act 1949
What did Ms Donoghue find in her ginger beer?
A.
A slug
B.
A snail
C.
A mollusc
D.
A worm
B.
A snail
Strictly speaking Donoghue -v- Stevenson is what?
A.
A Scots Law case
B.
Long winded
C.
A case that has been over-ruled
D.
Only applicable to cases involving gastropod ingestion
A.
A Scots Law case
If a judge ‘distinguishes’ a precedent what does this mean and why are they doing it?
A.
Arguing that a case is a particularly strong precedent. They are doing this in order to reinforce their use of the existing precedent as support (i.e. ‘authority’) for the point that they are arguing for the case under consideration.
B.
Arguing that a case is a particularly weak precedent. They are doing this in order to justify ignoring this precedent and developing a different interpretation of the legal point in issue.
C.
Arguing that a case cited by others as precedent is an appropriate analogy for the case currently under consideration. They are doing this in order to signal the need to follow existing precedent and to thereby remain faithful to an existing interpretation of the relevant law.
D.
Arguing that a case cited by others as precedent is not an appropriate analogy for the case currently under consideration. They are doing this in order to avoid the need to follow existing precedent and to enable them to develop an alternative interpretation of the relevant law.
D.
Arguing that a case cited by others as precedent is not an appropriate analogy for the case currently under consideration. They are doing this in order to avoid the need to follow existing precedent and to enable them to develop an alternative interpretation of the relevant law.
‘Distinguishing’ involves presenting an existing precedent in such a way that it does not appear determinative of the case currently under consideration.
In what kinds of cases do judges most commonly become concerned about “opening the floodgates”?
A.
Cases involving potential changes to the interpretation of the law which they fear may have wide ranging (and expensive) consequences
B.
Cases involving a risk that the judges’ attempts at interpretation of the law will lead them into conflict with Parliament
C.
Cases involving catastrophic failure of reservoirs
D.
Cases where there is so much public interest in the case that there is a risk that not every spectator will be able to fit in the courtroom.
A.
Cases involving potential changes to the interpretation of the law which they fear may have wide ranging (and expensive) consequences
Which statement about the House of Lords judgment in Murphy -v- Brentwood District Council (1990) is untrue?
A.
It concerned the question of whether a Council (in its capacity as building control authority) could be liable in negligence to a home owner for failure to have spotted defective construction works during its regulatory supervision of the construction process
B.
The case concerned a claim for devaluation of the property due to subsidence caused by poor foundation design and construction as the property had been built on an infilled quarry.
C.
The House of Lords held that no liability could arise in negligence as the latent defects were pure economic loss (i.e. did not directly relate to actual physical damage to the property).
D.
The case shows that a Council can be liable to a home owner for its failure to properly supervise a construction project
D.
The case shows that a Council can be liable to a home owner for its failure to properly supervise a construction project
The judges were concerned about the potential impact of placing ever more liability upon public bodies via liability in negligence, particularly in situations were what is being claimed relates to devaluation (i.e. abstract/future - or ‘latent’ - damage) rather than actual physical damage to property.
Which of the following were not principles introduced by the House of Lords in their judgment in the case of Caparo -v- Dickman (1990) to restrict liability in negligence?
A.
That it must be shown to have been foreseeable that your lack of care would cause harm to an identifiable person or type of person
B.
That there must be a relationship of sufficient proximity between you and the person who suffers harm
C.
That it is not possible, or socially desirable, for all risk to be eliminated from public life
D.
That it must be just and reasonable in the circumstances for liability to be imposed.
C.
That it is not possible, or socially desirable, for all risk to be eliminated from public life
This case involved the question of whether a financial report writer owed a duty of care to investors who might see - and then rely upon - his report (even though they weren’t the reports intended audience). The point about the desirability of not seeking to eliminate all risk is a point made in cases like Bolton -v- Stone (1951) but it was not a feature of the Caparo judgment.
Which of the following is not a principle of negligence law?
A.
Res ipsa loquitur
B.
proof “beyond a reasonable doubt”
C.
Contributory negligence
D.
Volenti non fit injuria
B.
proof “beyond a reasonable doubt”
Tort is a branch of civil law. The level to which a claimant must prove their claim in order to be successful is “on the balance of probabilities” (i.e. more likely than not: >50% probability). “Beyond reasonable doubt” is the higher standard of proof applicable in criminal cases.
