Sample Tort Yr1 Exam

THIS IS NOT THE EXAM BA HONS IN LAW psychometric test TORT LAW 1 YEAR 1 Time/ construe Venue Sem 1 20** DURATION 2 HOURS Internal tester ELLIOTT PAYNE, M. A, LLB, SOLICITOR External Examiner Instructions To Candidates ANSWER FOUR QUESTIONS. in all QUESTIONS CARRY EQUAL MARKS. USE shell LAW AND STATUTORY authorisation TO SUPPORT YOUR ANSWERS. WATERFORD INSTITUTE OF TECHNOLOGY THIS IS NOT THE EXAM USE CASE LAW AND STATUTORY permit TO SUPPORT YOUR ANSWERS Q1 capital of Minnesota suspects that his wife Sharon is having an mathematical function with his next-door neighbour Carl. One day after a very trying day at work, Paul sees Carl returning home and pounds his fists and shouts out cite your prayers Carl, beca social occasion I am going to stab you. Sharon overhears the shouts and tells Paul that she is moving in with her sister.Paul has now had enough. He proceeds to kick beat Carls door, grabs Carl by the hair and forces him into an upstairs b edroom. Paul locks the door and tells Carl that if he wants to leave, he rump climb out of the window and jump. Identify and explain whether Paul has move any tortious acts? Identify and explain using legal renderings and studys whether Paul has committed any tortious acts? (TOTAL 25 MARKS) Q2 Write a outline note on FIVE of the following a) Scienter liability for animals ) The differences amid the torts of conversion and detinue c) The facts and decision reached in the Cambridge Water Co. Eastern Counties Leather plc case d) The tort of emotional distress e) Novus Actus Interveniens f) Causation explaining BOTH the legal and genuine causation tests g) The differences between tort law and contract law h) actionable per se listing 2 different torts that are actionable per se. (5X5 MARKS) (TOTAL 25 MARKS) Q3 a) develop using case law what is the definition of a manufacturer under the Act. (5 MARKS) ) What limits are placed on the damage that can be claimed under the Act? (5 MARKS) c) Explain using case law the heart of the term defective. (9 MARKS) d) Briefly explain those defences that could be raised by a potential defendant. (4 MARKS) (e)What are the time limits for submitting a claim? (2 MARKS) (TOTAL 25 MARKS) THIS IS NOT THE EXAM USE CASE LAW AND STATUTORY AUTHORITY TO SUPPORT YOUR ANSWERS Q4 What is vicarious liability and explain in detail the banner of care owed by employers to their employees. 25 MARKS) Q5 addict has 2,000 acres of trees on his pull down, which supplies the nigh Cider manufacturer Magbul. Following the heaviest rainfall in living retrospection combined with two days of electrical storms, Robs land has been severely affected. As a result of the rainfall and electrical storms, at least 20 of his tress have been uprooted and have trilled down Robs land causing significant disruption on the way. Some of the trees rolled westerly and have completely destroyed the service department and cattle shed of one of his neighbours (Sally) land.Some tress rolled easterly and knocked huge holes in another neighbours (Karen) land. Rob has heard that Karen and Sally are going to sue him under the Rylands and Fletcher approach pattern. Explain to Rob the facts of the Rylands v Fletcher case what the rule is the elements that make up the rule whether the Rylands and Fletcher rule may apply in this case AND regardless of whether the tower applies or not, whether Rob has any defences on which he could rely. Q6 EITHER victimization caselaw where appropriate, write a detailed note on the tort of fleeting false.Your note must address the following issues the definition of passing off the elements required for a successful passing off claim and the use of injunctions in passing off claims. (TOTAL 25 MARKS) OR a) What is the legal definition of obtrude to land? (3 MARKS) (b)Explain using case law the different forms which trespass to land can take. (14 MARKS) (c)Explain the Judge Brian Curtin case study. (3 MA RKS) (d)Explain the defences of lawful authority and jus tertii to a trespass to land case. (5 MARKS) (TOTAL 25 MARKS)