1. Lenny has always enjoyed renovating old motorbikes from a shed at the bottom of his garden and, two years ago, Lennys hobby was featured in a specialist magazine for motorbike enthusiasts. He was immediately inundated with requests from owners of old motorbikes, asking for his help with renovation, and he soon decided to give up his job and turn his hobby into a business, having successfully obtained planning permission to run the business from his garden shed. Marian, Lennys next door neighbour, objected to the noise from roaring motorbike engines, which disrupted her baby daughters daytime

naps and disturbed the tranquillity of the garden. Eventually, Marian sold her house to Nobby, an elderly man, at a discounted price that took into account the impact of the noise on the value of the house. Nobby assumed he would not mind the noise because he was mildly deaf, but in fact the reverberations from the motor bike engines interfered with his hearing aid and made it emit high-pitched screeches, which caused Nobby to suffer severe earache and headaches. Nobby complained to Lenny, but Lenny said that he was already taking every possible precaution to keep the noise to a minimum. A few weeks

after Nobby moved in, Lenny was testing a renovated motorbike by revving the engine, but accidentally pressed the accelerator at the same time the motorbike shot out of Lennys shed, through Nobbys fence and smashed into Nobbys garden, ploughing up several rosebushes that Nobby had recently planted and destroying Nobbys extensive collection of garden gnomes. Furious, Nobby rushed indoors, found his old military revolver and fired a shot in the direction of Lennys shed. The shot ruptured a storage tank outside the shed, containing chemical solvent used for degreasing motorbike parts.

The solvent leaked into the ground, contaminating Lennys fish pond (killing a number of

carp) and rendering Nobbys garden unsafe for growing vegetables.

Required:

Advise the parties of their rights and liabilities in tort (5 marks)