Tort Law

Tort of Nuisance: Rules and Remedies

  • Course Code: SPW24506
  • Country: United Kingdom
  • Pages: 9
  • Published On: 18-06-2024

According to Bamford v Turnley, private nuisance refers to ‘any continuous activity or state of affairs causing a substantial and unreasonable interference with a claimant's land or his use or enjoyment of that land’.

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Tort Law and Negligence

  • Course Code: SPW25632
  • Country: United Kingdom
  • Pages: 10
  • Published On: 05-06-2024

A tort is regarded as an act or rather, an omission, aside from a breach of a contract that results into an injury or harm imposed on another.

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Liability in Tort for Omission in English Law

  • Course Code: SPW23782
  • Country: United Kingdom
  • Pages: 7
  • Published On: 30-05-2024

English law does not recognise any liability in tort for omission of a person to help another in a difficulty.

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Gallery Owner's Distress

  • Course Code: SPW30196
  • Country: United Kingdom
  • Pages: 07
  • Published On: 29-05-2024

This is an application by the Claimant (C) for the interim injunction which is prohibitory in nature of an issue claimed for an act of private nuisance by the Defendant ( D ).

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Analysis of the Fairness, Justice, and Reasonableness of Imposing a Duty of Care in Negligence

  • Course Code: SPW29008
  • Country: United Kingdom
  • Pages: 06
  • Published On: 09-11-2023

The final stage of the three-stage test for duty of care in the tort of negligence as set out in Caparo Industries plc v Dickman [1990] UKHL 2 is whether the imposition of a duty of care is fair, just and reasonable. This allows the court to consider

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Exploring Occupiers Liability in a Case Study

  • Course Code: SPW29721
  • Country: United Kingdom
  • Pages: 07
  • Published On: 21-11-2023

Different forms of tort liability arise subject to the circumstances surrounding an incident. This applies to occupier’s liability. An occupier is a person or an entity that exercises sufficient control over the concerned premises. As such, they owe a duty of care towards any person,

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Legal Dynamics of Vicarious Liability

  • Course Code: SPW30135
  • Country: United Kingdom
  • Pages: 10
  • Published On: 28-11-2023

The law of tort keeps a distinguished law with respect to shift of liability when an individual is held obligated

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Legal Evaluation of Negligence

  • Course Code: SPW30167
  • Country: United Kingdom
  • Pages: 15
  • Published On: 29-11-2023

The issue in this case is whether Bruce has a claim in negligence against Cracking Pastry Ltd for his gastro-enteritis

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Vicarious Liability and Non-Delegable Duty

  • Course Code: SPW31032
  • Country: United Kingdom
  • Pages: 05
  • Published On: 20-12-2023

The general rule is that a party is liable to another only when they have acted, or omitted to act, in a way which is in breach of his duty of care. However, vicarious liability and non-delegable duties are exceptions to this rule

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Exploring Employer-Employee Relationships

  • Course Code: SPW31044
  • Country: United Kingdom
  • Pages: 06
  • Published On: 20-12-2023

The concept of vicarious liability arises to allow the shift of liability in case when an individual performs a wrongful act in breach of a duty or any negligent act that gives rise to a misdeed. Especially in the context of an employer and employee relationship

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Occupier's Liability and Res Ipsa Loquitur in the English Law of Tort

  • Course Code: SPW31602
  • Country: United Kingdom
  • Pages: 04
  • Published On: 28-12-2023

Ward V. Tesco is one of the most important cases in the English law of tort for the purpose of setting precedent. Colloquially known as the “trip and slip” case, the case instituted by Ms.

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The Scope and Implications of Negligence in the English Tort Law

  • Course Code: SPW31604
  • Country: United Kingdom
  • Pages: 05
  • Published On: 28-12-2023

The tortuous definition of negligence gives us ample grounds and provisions to work on and this wrong in civil nature covers extensively large scopes before the courts of the UK herein.

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Coherence and Reform in English and Welsh Tort Law

  • Course Code: SPW31906
  • Country: United Kingdom
  • Pages: 05
  • Published On: 03-01-2024

This essay discusses the proposition that the English and Welsh tort law lacks coherence, but that it can and ought to be reformed in ways that would make it more coherent. Apart from discussing the reasons why tort law is considered to be

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Distinction Between Public Nuisance and Private Nuisance

  • Course Code: SPW31908
  • Country: United Kingdom
  • Pages: 05
  • Published On: 04-01-2024

Public nuisance affects a substantial number of people, unlike private nuisance which is limited to private parties. In other words, the principle difference between public and private nuisance is that the former is an act that is affecting the public at large while the latter is an act affecting particular individual or individuals.

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Effectiveness In Protecting Interests In Land

  • Course Code: SPW26043
  • Country: United Kingdom
  • Pages: 06
  • Published On: 23-01-2024

There are certain torts that specifically protect interests in land. Negligence protects interests in land against damage or loss caused by carelessness. The tort of nuisance protects interests in land against interference with the rights to enjoy the land by the person who has proprietary interests in the land.

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Comparing Tort of Negligence and No-Fault Liability under the Consumer Protection Act for Product Defects

  • Course Code: SPW28898
  • Country: United Kingdom
  • Pages: 02
  • Published On: 07-11-2023

This essay will discuss the elements of liability for damage caused by a defective product in the tort of negligence and under the Consumer Protection Act 1987 (the CPA). It will compare and contrast the elements and determine the extent of protection provided by the two sets of law.

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Concurrent Liability and Distinctions

  • Course Code: SPW26781
  • Country: United Kingdom
  • Pages: 05
  • Published On: 1-2-2024

This essay will describe the interrelation between the law of tort and the law of contract arising out of claim from breach of contractual and civil duties. Liabilities in contract and in tort arise from

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Legal Standards and Principles

  • Course Code: SPW27925
  • Country: United Kingdom
  • Pages: 06
  • Published On: 10-2-2024

The definition of negligence given by Baron Alderson in the case of Blythe reflects that the standard of care of a reasonable man determines whether there has been a breach of duty or not. According to Alderson, negligence may either be an omission or act that would not have been

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Understanding the Common Law System and Tort of Negligence in England and Wales

  • Course Code: SPW27926
  • Country: United Kingdom
  • Pages: 05
  • Published On: 10-2-2024

The most dominating form of legal system functioning in Europe is the common law system, which is also followed in England and Wales. The common law system is basically the reliance on the binding judgments forwarded by the judges which acts as precedents for future cases which is different from the civil law system. In the English legal system,

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A Mohamud Wm Morrison Supermarkets plc

  • Course Code: SPW22616
  • Country: United Kingdom
  • Pages: 06
  • Published On: 14-02-2024

In the recent Supreme Court decision of Mohamud v WM Morrison Supermarkets plc, Lord Toulson stated that in order to apply the close connection test, the court has to consider the “field of activities” entrusted to the employee, and the existence of a sufficient connection

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Neighborhood Conflict Escalation

  • Course Code: SPW27739
  • Country: United Kingdom
  • Pages: 05
  • Published On: 13-2-2024

The two parties namely Zaherah and Brian are two neighbors living right beside one another. The conflict in question is about an unresolved issue regarding the parking spaces in front of their houses. The conflict took a bigger shape when Zaherah returned

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Ideological Conflict and Historical Perspectives

  • Course Code: SPW27740
  • Country: United Kingdom
  • Pages: 06
  • Published On: 13-2-2024

An ideological rift between the two victorious protagonists and also functioned within states for that matter. The two protagonists being the United States of America and the Union of Soviet Socialist Republics had conflicted ideologies along in the lines of political, military

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Legal Analysis of Negligence in Healthcare Scenario

  • Course Code: SPW25420
  • Country: United Kingdom
  • Pages: 05
  • Published On: 29-2-2024

This essay responds to the legal issues raised in the scenario presented. The essay examines the principles of negligence and applies the legal principles to the issues in the scenario including final legal advice to Peter. The issue in this case is whether

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Sources of the British Constitution

  • Course Code: SPW25421
  • Country: United Kingdom
  • Pages: 05
  • Published On: 29-2-2024

Aristotle said in The Politics that there “are three elements in each constitution …first, the deliberative, which discusses everything of common importance; second the officials; and third, the judicial element." Thus, in a discussion on the British constitution

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Liability for Negligent Misstatement

  • Course Code: SPW27293
  • Country: United Kingdom
  • Pages: 3
  • Published On: 9-3-2024

There are three issues in this situation concerning recovery of economic loss for negligent misstatement. First, whether Siam is liable for negligent misstatement regarding investment in Global Bubble Company. Second, whether

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Exploring the Standard of Care

  • Course Code: SPW27838
  • Country: United Kingdom
  • Pages: 2
  • Published On: 10-4-2024

A breach of duty is determined by the standard of care of the “reasonable man”. This is reflected in the definition given by Baron Alderson in the case of Blythe v Birmingham Waterworks (1856). According to him, negligence involves either an omission to act, which would not have been otherwise committed if the defendant would have acted like a reasonable and prudent man in ordinary conduct of human affairs, or an act which the reasonable and prudent man would not have done. However, this definition may create problems in defining who the reasonable and prudent man is. Determination of the definition seems subjective as was observed by Lord Macmillan in Glasgow Corporation v Muir (HL 1943).

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