TORT RANDOM

Question 1

What are the remedies available for public nuisance claim brought by AG or local authority?

Answer 1

ONLY remedy available is ‘INJUNCTION’

Question 2

can an individual bring a claim for public nuisance?

Answer 2

YES
only if theysuffer a special damage over and above (beyon) the affected class (ie. section of public).
The damage must be direct and substantial.

Question 3

Reasonably forseeable harm

Rylands v Fletcher

Answer 3

harm could result IF the thing escapes,
and IF the thing ESCAPES the harm is foreseeable.

Question 4

Unnatural use of land

Answer 4

Rylands v Fletcher

extraordinary or unnatural
- chemicals
- oil (depends on quantity)

BUT
- piping water for domestic use = ordinary and natural
- water supply pipe = ordinary and natural

Question 5

Unreasonable use of land

Answer 5

Private nuisance

deemed unlawful

Reasonable use= ordinary usage of mankind living in a particular society

Question 6

20 years prescription defence in

land based tort

Answer 6

only private nuisance

Question 7

when does act of God engages liability of occupier

land based tort - private nuisance

Answer 7

if D adopt and/or continue the nuisance

Question 8

when does act of Third Party engages liability of occupier

land based tort - private nuisance

Answer 8

• knowingly allowed
• adopts and/or continue

Question 9

For which land based tort claim, a personal injury can be recovered?

Answer 9

public nuisance

can also recover pure economic loss

Question 10

For which land based tort claim, a SPD can be recovered?

Answer 10

private nuisance

Question 11

For which land based tort claim, abatement can be the remedy?

Answer 11

private nuisance

Question 12

foreseeability of damage for land based tort

Answer 12

• private: damage must be foreseeable
• public: damage or injury foreseeable
• R v F: foreseeable if the thing accumulated escapes

Question 13

who is the occupier of land for occupiers liability?

Answer 13

sufficient control over premises to impose a duty to prevent harm

Question 14

Requirements of a ‘warning’ to discharge duty for visitors?

OLA 1957

Answer 14

Warning must make clear:
- what the danger is
- where it is
- how to avoid it
- clear and sufficient
- might have an exclusion notice

Question 15

Requirements to discharge duty for INDEPENDENT CONTRACTORS?

OLA 57

Answer 15

1. They acted reasonably in hiring the contractor.
   -reasonable to hire
2. They checked the competence of the contractor.
   –check their competency
3. The nature of the work did not require further supervision

(repair of a lift by specialists). – nature of the work if specialist required then lower standard as D wouldn’t have any technical knowledge to safeguard more)

AND
An occupier does not have to take care to protect someone against risks normally incidental to their job which they can be expected to have guarded against.

Question 16

Who can claim for property damage and consequential economic loss for occupiers liability claim?

Answer 16

only visitors

• tespassors can only claim for personal injury

Question 17

Contions to establish Occupiers’ Liability to NON-VISITORS

Trespasser

Answer 17

1. Awareness of Danger: occupier must know, or have reasonable grounds to believe, that a danger exists on the premises.
2. Knowledge of Presence: occupier must know, or have reasonable grounds to believe, that someone is or may come into the vicinity of the danger AT THE TIME of the accident.
3. Reasonable Protection: risk must be one the occupier can reasonably be expected to provide protection against.

Question 18

Requirements of a ‘warning’ to discharge duty owed to tresspassers (non-visitors)?

OLA 1984

Answer 18

• occupier must take all reasonable steps to give warning of the danger concerned or to discourage persons from incurring the risk.
• Effectively/sufficiently brings to trespasser’s attention.
• is sufficiently discouraging = no liability
• D just needs to take reasonable steps to bring the danger to the C’s attention.

easier per se to establish:
* Physical barriers can be enough to discourage trespassers.
* Harder to discharge duty if trespasser is a child.

Question 19

warnings - OLA for children

Answer 19

robust warnings and/or physicall barriers

• images/drawings/pics can help bcs infants cannot read

Question 20

Defect of a product means

Answer 20

A product is defective if its safety is not such as persons generally are entitled to expect.

Question 21

What damages are NOT recoverable for product liability under CPA 1987?

Answer 21

• cost of repair ; and
• replacement of the defective product itself

Question 22

Limitation period to bring a claim for defective product

Answer 22

Claims must be brought:
- Within 3 years of the date of occurrence of the damage/injury OR from the date of the claimant reasonably became aware of it
- Within 10 years of the product being put into circulation (absolute time bar). -long stop

Question 23

Product liability for blood transfusions

Answer 23

Standard: what would be the expectation of ‘people generally’ having blood transfusions?

They would expect that the blood is infection /hepatitis/virus free!

Question 24

what damages can be recovered for defective product?

Answer 24

Covers personal injury, property damage, and some instances of pure economic loss

Question 25

CAUSATION FOR DEFECTIVE PRODUCT

Answer 25

Damage must result from the defect.

It is sufficient to establish that the defective product “wholly or partly” caused the damage

Question 26

Defences to liability for defective products are:

Answer 26

o The defect did not exist when the product was supplied.
o The state of scientific/technical knowledge at the time product put into circulation did not allow discovery of the defect.
o If the manufacturer has given an adequate warning which the claimant has not followed.
o Manufacturer not liable if it is reasonable to expect an inspection before use (intermediate inspection)
o contributory negligence and acts of third parties.

Question 27

Can liability under CPA for defective product be limited/excluded?

Answer 27

NO

Question 28

What negates the defence of intermediate inspection under CPA?

Answer 28

If manufacturer have no reason to contemplate that an intermediate inspection will occur, manufacturer will be liable.
-and-
Liable if it is NOT reasonable to expect an inspection before use.
And
there is a warning to test/use the product in a particular way.

Question 29

Who is liable if the product requires intermediate inspection before use?

(assume that it is reasonable to expect an inspection before use and made clear with a warning)

Answer 29

Those who repair a product (eg. suppliers or distributors) may owe a duty, if they should have inspected the product.

Question 30

who is liable for defective product?

Answer 30

o Producer: Manufacturer, abstractor, or processor.

o Brander: Person using their name, trademark, or mark on the product.

o Importer: Person importing the product into the UK for supply.

o Suppliers may also be liable if they fail to identify the producer/importer when asked

Question 31

WHAT RESOLUTIONS TO PASS FOR CVL AND MVL

When does winding up starts?

Answer 31

SR - approve CVL
OR - appoint a liquidator

STARTS
for MVL - starts when SR is passed
for CVL - starts after SR passed and (within 14 days) appointment is confirmed