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Practice questions 245 Essential points n Liability in contract is generally strict, liability in tort is almost always based on ...

2 Cathy visits a shop and buys two pre-packed sandwiches. The sandwiches were made by a local company which supplied many local ...

Leeman vMontagu (1936) The defendant bought a house in a residential area which bordered on open countryside. He kept a flock of ...

248 Chapter 9Nuisance, trespass, defamation and vicarious liability As we have seen, the location of the claimant’s land will be ...

Private nuisance 249 In order to succeed in an action for nuisance the claimant must prove that the nuisance has caused some dam ...

250 Chapter 9Nuisance, trespass, defamation and vicarious liability Prescription Prescription is a property right which can give ...

Public nuisance 251 Public nuisance Public nuisance is both a crime and a tort. It can be defined as any act or omission which e ...

252 Chapter 9Nuisance, trespass, defamation and vicarious liability offence, it is possible for a private citizen to sue. Howeve ...

The rule in Rylands vFletcher 253 The requirements of the tort are: (i) the defendant must either bring something onto his land ...

254 Chapter 9Nuisance, trespass, defamation and vicarious liability Trespass to land Trespass to land is committed by a direct, ...

Trespass to land 255 If it were not for the defence of statutory authority, coal mining companies would commit trespass when min ...

256 Chapter 9Nuisance, trespass, defamation and vicarious liability Trespass to the person There are three torts of trespass to ...

Trespass to goods 257 include pointing a gun at a person or threatening to punch them. It is not assault to photo- graph a perso ...

258 Chapter 9Nuisance, trespass, defamation and vicarious liability be liable in conversion unless he fully intended to deal wit ...

Defamation 259 (i) Where it is clearly and unambiguously imputed that the claimant has committed an imprisonable crime. (ii) If ...

260 Chapter 9Nuisance, trespass, defamation and vicarious liability So once it has been pointed out to an Internet service provi ...

Vicarious liability 261 Limited liability Employers are vicariously liable for torts committed by their employees during the cou ...

262 Chapter 9Nuisance, trespass, defamation and vicarious liability In Lee vChung (1990)the Privy Council held the appropriate q ...

Vicarious liability 263 These two Court of Appeal cases do not disagree with each other. There were important differences which ...

264 Chapter 9Nuisance, trespass, defamation and vicarious liability Sometimes one employer lends an employee to another employer ...