Tort

Question 0

Name the three types of trespass to the person

Answer 0

False imprisonment
Assault
Battery

Question 1

Name the 3 types of trespass?

Answer 1

Trespass to land
Trespass to a person
Trespass to goods

Question 2

Define false imprisonment

Answer 2

The infliction of bodily restraint on another without lawful justification.

Question 3

Name a false imprisonment case

Answer 3

Bird v jones (1845)

Question 4

Define trespass to land

Answer 4

The interference with the possession of land of another without lawful justification

Question 5

Name the three forms of trespass to land

Answer 5

Entry
Remaining
Placing objects

Question 6

Name the two types of nuisanc

Answer 6

Public and private

Question 7

Define private nuisance

Answer 7

An unlawful interference with mans use of his property or with his health and comfort

Question 8

Define public nuisance

Answer 8

An unlawful act which endangers or interferes with the lives, safety or comfort of the public

Question 9

Name the three stages of proving a negligence claim?

Answer 9

1) the defendant owed the claimant a duty of care
2) that the drefendant breached that duty of care
3) as a result of the breach the claimant suffered damage

Question 10

The claimant can not recover damage unless….

Answer 10

1) the damage was directly cause by the defendant

2) that the defendant could foresee that damage would be caused

Question 11

What is the neighbour principle?

Answer 11

You owe a duty of care to anyone who is considered your neighbour

Question 12

Define who your neighbour is?

Answer 12

Anyone who could be affected by your actions

1) any loss they suffer is foreseeable
2) the two people are proximate
3) the court considers it just fair and reasonable to impose a duty of care

Question 13

When dealing with a nuisance claim you have to look at…..

Answer 13

1) continuity - how long the nuisance has been going on.
2) locality
3) sensitivity of the claimant
4) malice - even if you didn’t intend to do it it’s still nuisance
5) public benefit - if the public would benefit from the nuisance being stopped

Question 14

If a group of people want to bring a claim in public nuisance…..

Answer 14

They would need an aterny general to bring the claim forward

Question 15

Name a public nuisance case

Answer 15

Castle v Augustine’s links - golf balls were constantly being hit into the nearby road, one hit castle and he lost an eye. He sued the golf cause and won because the golf balls were a danger to all road users

Question 16

What is a prescriptive right?

Answer 16

When someone has been doing something for a long time ie. cutting through a hedge

Question 17

Who came up with the neighbour principle?

Answer 17

Lord atkin after donoghue v Stevenson

Question 18

Which case refined the neighbour principle?

Answer 18

Capro v Dickmen

Question 19

What did capro v dickman refine the neighbour principle too?

Answer 19

As well as the foreseeability of causing ahem the individual needs to be proximate and that it is just fair and reasonable to impose a duty of care