Q9.

NOTE: Attempt FIVE questions. Q7 Discuss in detail the principle of “Vicarious liability”. occupier’s enjoyment of the land.

Q.4 Define malicious prosecution with reference to case law. In a public nuisance, the defendant’s actions effect a large or indefinite number of people, such as the community as a whole. in both nuisance and negligence. Q.10 Define and discuss in detail ‘Easement by Custom. Write a comprehensive note on False imprisonment. Law of the contract is different from the law of tort in which way…? Q.2. Act 1958 (Vic) s 5(1)(a) people.
Private nuisance can come in the form of physical damage to the property or the disturbance of comfort. Thank you, any idea how I can print? The interference must be so substantial as to cause damage to him.

1.

For Further Details Contact: constituted a nuisance. What is meant by the easement? Public nuisance, St Helen’s Smelting Co v Tipping (1865) established that there are 2 types of private nuisance.

Stockwell v Victoria [2001].

Q.

damages trees on the plaintiff’s property. Unreasonable interference

a tree in your garden may overhang into your neighbours garden and drop its leaves on their garden, ⇒ The intereference with another's enjoyment of their land can be through some isolated incident e.g.  Locality

What is false imprisonment?

Cases. Q2 Define Torts. Q.5 What are the pre—requisite of an action in libel? What remedies are available against it? Omissions. How can easement be acquired through a grant? Q6 Discuss in detail the principle of “Vicarious liability”. Class action - sewerage plant. Q.9 Narrate the essential characteristics of an Elementary right.  The sensitivity of the plaintiff Nuisance was adopted and continued by Goldman. Private nuisance - ‘an unlawful interference with a person’s use or enjoyment of land, or some right over, or in

from factory damaged trees on plaintiff’s property) locality is irrelevant in such cases as material damage is To have a claim in private nuisance, the plaintiff must show that they were in actual possession of the land, When plaintiffs are effected by a private or public nuisance, they have the right to seek relief for damages from the defendant. Q10. customers freely entering the plaintiff’s shop. Nuisance - Car park constituting nuisance – Lanestar Pty Ltd v Arapower Pty Ltd; Deasy Investments Pty Ltd v the plaintiff did have right to sue.

‘proper assessment is determined by the circumstances of the case and by the overriding requirements of what is 3. Seidler v Luna Park Reserve Trust [1995] i) Damnum since injuria ii) Ubi jus ibi remedium. would not necessarily constitute an interference in another. ONUS OF PROOF Held: it did constitute a public nuisance and The court may then issue a permanent injunction; if the defendant violates this injunction he will be subject to fines and possible imprisonment. has a defence. Duty of care.

3 types of injunction: Marsh v Baxter (1995) Issue: farmer turned his farm into an organic farm. an action in nuisance does not have to prove that the interference was direct or intentional. Copyright © 2020 StudeerSnel B.V., Keizersgracht 424, 1016 GC Amsterdam, KVK: 56829787, BTW: NL852321363B01, Sample/practice exam 11 May 2012, questions and answers - Sample IRAC Responses, Novel duties of care - Summary Australian Torts Law. interfered with the plaintiff’s land. Common law damages are available once the damage has occurred. Laugher v Pointer (1826) 5 B & C 547 3 kinds of interference are recognised by the law: The term ‘land’ includes rights attached to land. Remedies for absolute nuisances include abatement and injunction as well as monetary damages. * Nature of Nuisance Nuisance in Common Parlance Nuisance is a word that everybody understands and we can say that nuisance in common parlance means nothing more than inconvenience to people or to another. Includes elements and cases. Q.5 Define Negligence and give its elements in detail. Find All the year wise past papers of Law Of Tort and Easement of LL.B Part 1 here and prepare for your next future examination. Introduction . in a neighbourhood full of manufacturing works. Q.

compensation to be awarded. Helpful? Held: by besetting the patrons at the entrance constituted a nuisance. Hargrave v Goldman (1963) The aim is to put plaintiff in the position as if no tort had been committed - Butler v Egg and Egg Pulp Negligence. Monrest Pty Ltd [1996] – Issue: Defendants using car park mistaking it for their own. Plaintiff successful in an action as there is no defence that the Defendant lived near racecourse and was Q.1 What do you understand by law of Torts?

The  author can be reached at: tanya.das@legalserviceindia.com, Submit your Article by using our online form Test - Attorney-General v PYA Quarries Ltd [1957] 2 QB 169 at 191 as per Lord Denning - ‘... so widespread Define Tort. Hunter v Canary Wharf Ltd [1997]

adopted the nuisance Lynch v Mudgee Shire Council (1981). And when slander is actionable without proof of special damage. Write a detailed note on the discharge of Tort. comfort and convenience of the occupier who complains of a private nuisance, or with some other aspect of the

Held: For a plaintiff to claim absolute nuisance, he must prove that the defendant’s actions were committed intentionally and not due to negligence.

offending defendant as well as to the rights of the injured plaintiff.’ care). Nuisance - Does not need to be continuing, can be a one-off nuisance Hargrave v Goldman (1963) – Issue: Q.4. The plaintiff has a title to sue Neighbouring farm crops blew swathes

What is reasonable depends on... ⇒ Location: You should expect more noise, for example, next … Q.1. (2008) 3 kinds of interferences were recognised. It is pertinent to note that the common law of England recognizes that nuisance may either be public nuisance, or private nuisance. If yes, how? 3. mandatory injunction (to remove the nuisance). Q5 Negligence is an Omission to perform the duty. Discuss in detail.

The law recognizes that minor inconveniences should be … Held: Goldman liable in both nuisance and negligence. Introduction.

The burden of proof is on the defence to establish that its use of land was reasonable, in which case it Q.10 What is meant by an easement? TORT LAW Revision - Summary Tort Law. 2. Interference with use and enjoyment of property rights

Can or cannot the case proceed in such a situation? Nuisance – noise from a roller coaster as unreasonable hours. Q9. What are the essentials of torts? 3 What is the difference between Public and Private nuisance? 2 What is the Tort of Defamation?

Victoria University . If the occupier of land suffers personal injury as a result of nuisance he may have an action under negligence but

Coffee house had to use gas lanterns all day. ... "A nuisance may be merely a right thing in the wrong place — like a pig in the parlor instead of the barnyard." ELEMENTS in its range or so indiscriminate in its effect that it would not be reasonable to expect one person to take Class-room live lectures edited, enlarged and updated Msrlawbooks. Q.3. Q. Corbett v Pallas (1995) the court established an authority on the propositions of material damage. Public nuisance - ‘materially affects the reasonable comfort and convenience of life of a class of her Majesty’s Q.1 Write in detail defenses available in a suit for defamation. the parties and the society at large. Q.10.What is “Prescription”? Grosvenor Hotel Company v Hamilton

Define “Negligence”. Legalversity.com © 2018-2020 - All rights reserved. Nuisance was adopted and continued by Goldman. 1. In order that nuisance is actionable tort, it is essential that there should exist: Three things are necessary to establish a right by prescription. CONCLUSION The law of nuisance is almost an uncodified one.

Q 10 How easement is extinguished.  Motive/Malice. Q8. Substantial 3. attempting to measure damages for non-pecuniary loss, an element in reasonableness is the fairness of the Occupier is entitled to enjoy their land free from unreasonable noise and vibration as per Sturges v Bridgman 2 categories of material damage Q4 Comprehensively explain the Tort of Malicious Prosecution”. CASES

3. proceedings on his or her own responsibility to put a stop to it, but that it should be taken on the responsibility Note: Attempt FOUR question from PART I and one from PART 2. Explain the difference between malicious prosecution and abuse of legal process.

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This differs from negligence because even if the defendant took all possible precaution to guard against harm, it is the nature of the defendant’s activities hold him strictly liable. ▪ Private affects only private individuals. Comments.

All question carry equal marks. Q.6. Tort tort - I have put a lot of useful materials and refer to lots of books.