Tort

Question 1

Private Nuisance

Answer 1

An unlawful or unreasonable interference with a persons use or enjoyment of land coming from neighbouring land

Question 2

Rylands V Fletcher

Answer 2

When something from a neighbouring property damages or destroys property by the escape of a non-naturally stored material onto adjoining property

Question 3

Vicarious Liability

Answer 3

A form of secondary liability where the C claims against the employer of the D due to being negligent in their employment

Question 4

Negligent Misstatement

Answer 4

The C can only claim economic loss if they suffer loss as a consequence of a statement made negligently (Hedley Byrne)

Question 5

Duty of Care

Answer 5

If an already established duty of care exist the court should follow this precedent and if not they should use the closest analogy (Robinson)