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ion On Yvette was cycling along a busy main road. Yvette was travelling back from seeing her good friend, Harriet. They had shared a bottle
ion On Yvette was cycling along a busy main road. Yvette was travelling back from seeing her good friend, Harriet. They had shared a bottle of wine between them. As she cycled through a red light, which she didn't notice because of her intoxicated state, she was hit by a car driven by Barney, who was exceeding the speed limit and was, therefore, unable to stop in time. Yvette was knocked to the ground and both her legs were badly broken. A policeman who attended the scene of the accident explained to Yvette that they may have to consider prosecuting her for riding a bicycle whilst unfit to do so because of intoxication. Yvette was taken to hospital where Dr Coles carried out an operation to mend her broken bones. The operation carried a very small. but recognised, risk of nerve damage (3- 4%). Due to the risk being so small, Dr Coles did not mention this to Yvette. Unfortunately for Yvette, although Dr Coles carried out the operation carefully, the nerves in her left leg were damaged, which meant that her right leg could sometimes give way under her. A month after leaving hospital, Yvette was bringing into her house a microwave oven which she had lent to her mother, when her right leg gave way. As a result, she dropped the microwave, which broke. Yvette also broke her wrist in the fall. Advise Yvette as to her remedies, if any, in tort and any defences which any possible defendant may try to rely upon. Question Two Gary lives in the small town of Grantcombe. He owns a field at the back of his house and has set up a business which allows people to use this as a place where they can train and exercise their dogs. The field is available to customers from 9:00am until 4:00pm every day except Sunday. He has also started running dog obedience classes on the field every Tuesday and Thursday mornings from 10:00am until 11:00am. Gary has received planning permission from the local authority to use his property in this way. Adriana, a neighbour, finds this development extremely annoying, as there is often the sound of barking and of dog owners shouting now coming from the field. In order to get her own back, Adriana has invited her brother's rock band round to her house to practice at times which coincide with the obedience classes which Gary runs. Gary says that the noise from Adriana's house at these times has started to put people off from coming to the classes. He also claims that the noise upsets any dogs which are there. Adriana's neighbour on the other side is Clive, whose hobby is to fly radio-controlled aircraft. These are powered by special batteries which can sometimes burst into flames in storage for no apparent reason. Clive has about a dozen of these batteries stored in his garage in various places. One very hot day, one of the batteries ignited and set fire to Clive's garage. The flames then spread and set fire to Adriana's shed which was next to the garage. From a tort perspective, advise Adriana both about Gary's and Clive's potential liability to her. Also consider her behaviour. Question Three Wilco and Guy belong to the 'Free Fulchester Campaign', which aims to free Fulchester from Whitehall rule and create an independent State. A UK Government Minister, Kalpana, was visiting Fulchester, and Wilco and Guy organised a protest outside the Council House where Kalpana was having talks with the Mayor of Fulchester (\"the Mayor\"). Kalpana and the Mayor were walking out of the Council House building when Wilco charged at Kalpana, waving a placard he was carrying and shouting, \"This is for freedom!\". At this moment, Kalpana was bundled to the ground by security officers, whilst others seized Wilco, also bundling him to the ground. In the commotion, the Mayor squared up to Guy, pointing a finger very close to his face saying, \"You and your stupid friend are going to get somebody killed. If I wasn't the Mayor, I'd put you on the deck right now!\
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