Question
1. Briefly explain, giving examples, the main difference between criminal, contract, and tort law. 2. Outline the main difference between the tort actions of trespass
1. Briefly explain, giving examples, the main difference between criminal, contract, and tort law.
2. Outline the main difference between the tort actions of trespass to goods, conversion, and detinue.
3. Which intentional tort action would be appropriate in the following circumstances? Briefly explain your answers.
4. Which intentional tort action would be appropriate in the following circumstances? Briefly explain your answers.
(a) A neighbor who is continually playing loud music
(b) Teenagers who regularly save time by walking through a person backyard
(c) A neighbor who has fenced part off a public reserve adjoining his property
(d) A customer of an antique bookseller who has not returned some books he was allowed to take home for inspection
5. Regarding the case of Donoghue v Stevenson (1932), briefly explain:
(a) Why did Ms. Donoghue could not sue under contract law
(b) The two ratios or principles that were established
6. In the law of tort, one must not injure or cause a "neighbour" to suffer. Explain with an example who is your neighbour in regards to negligence?
7. To prove negligence under common law, state the conditions that need to be met.
Case Study:
Case 1 :
Doreen, with the aid of crutches, was shopping in a suburban shopping Centre. She noticed a sign warning that the floor was wet and slippery, but there was no alternative route available. Although she took special care she fell and broke her hip. Would Doreen succeed in a negligence claim against the shopping center?
Use the IRAC method of answering the case.
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