4LLAW003W Tort Law : effectiveness of private nuisance

SECTION B – Answer any ONE question from this section

Question 1

Recent case law has demonstrated that an employer’s responsibility for torts in relation to their employees is difficult to avoid. Nevertheless, there are important justifications for imposing such responsibility.

Discuss the above statement with reference to case law and statute.

4LLAW003W Tort Law : effectiveness of private nuisance

Question 2

Discuss the extent to which the current approach taken by the courts to the recovery of economic loss causes problems for claimants.

Use case law to support your discussion.  

Question 3

Discuss the ways in which occupiers of land might find themselves liable in tort and explain whether or not you think this liability is too complex and uncertain.

Use case law and statute law to illustrate your answer.

 4LLAW003W Tort Law : effectiveness of private nuisance

Question 4

“In short, private nuisance regulates relationships between neighbours, defining their mutual rights and obligations with respect to land use by striking a fair and reasonable balance between them” K Horsey and E Rackley Tort Law (6^th edn, OUP 2019, 543).

With reference to case law, discuss whether or not private nuisance is effective in regulating relationships between neighbours.

Question 5

The existing law of trespass to the land does not adequately protect landowners against unjustifiable interference from unwanted visitors.

Finally, discuss whether or not you agree with this statement using case law to illustrate your answer.

(Please turn over)

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