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Task 9 271

might Jim have committed? (You should explain the essential requirements of these torts.)

Will Jim’s employer be vicariously liable for any torts committed?

7 At the Christmas Dinner of Office Ltd, Jan is asked to give a speech celebrating the career of
the managing director, Keith, who is retiring. Halfway through the speech, Jan breaks into
speaking Dutch, a language which the managing director speaks fluently, and says that any
success which the managing director has enjoyed has been achieved by personal meanness
and by spying on the activities of competing firms. Later that day Keith posts an article on
the Internet which says that Jan is incapable of telling the truth and that this condition has
been brought about because he is suffering from AIDS. Jan’s friend, Lenny, tells Jan about
this article. Jan contacts the Internet service provider on whose news server this article
appeared and the provider immediately removes the article. Advise the parties of any torts
which might have been committed in respect of the above facts.

8 With reference to decided cases, explain the concept of vicarious liability.

Task 9

Try to think of ways in which local businesses might commit the following torts:

(a) Private nuisance.

(b) Public nuisance.

(c) Strict liability under Rylands vFletcher.

(d) Trespass to land.

(e) Trespass to the person.

(f ) Trespass to goods.

(g) Defamation.

For example, you might decide that a local supermarket could commit trespass to the person
by wrongly arresting a suspected shoplifter. Try and think of realistic examples of all the other
torts. What steps might the businesses take to ensure that they do not incur liability?

Visit http://www.mylawchamber.co.uk /macintyreessentialsfor:

Access to the accompanying Pearson eText– an eBook

version linked to all of the resources below which you can

personalise with your own notes.

Multiple choice questions, flashcards and practice exam questions, to test

yourself on this chapter.

Use Case Navigatorto read in full some of the key cases referenced in

each chapter.

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