Question
You are a claims handler for an insurer. Aaeesha, one of the insurer's policyholders, owns and operates a registered child-minding business from her home. Aaeesha
You are a claims handler for an insurer. Aaeesha, one of the insurer's policyholders, owns and operates a registered child-minding business from her home. Aaeesha has both household insurance and appropriate business insurance from the same insurer. Aaeesha looks after children during the day, who have access to her house and garden. Some evenings she lights an open fire in her garden.
Aaeesha's neighbour, Scott, works from home. Scott complains that the noise made by the children during the day prevents him from working from home, which has resulted in him hiring office space at a local business park.
One evening, strong winds caused sparks to escape from the open fire in Aaeesha's garden, setting fire to an outbuilding in Scott's garden. Scott ran into his garden and tried to smother the flames with blankets, but in doing so, suffered burns to his hands.
Aaeesha receives a claim from Scott for the following:
The cost of hiring office space at a local business park.
Fire damage to the outbuilding and its contents, that includes valuable garden equipment.
The injuries to his hands.
Subsequently, it is discovered that Scott lied about the extent of the injury to his hands and claimed for physiotherapy sessions, using fake invoices. Scott also lied about the contents in his outbuilding.
(a) Explain, with justification, the most likely tort that may have been committed by Aaeesha in relation
to the noise made by the children. (b) Explain, with justification, the most likely tort that may have been committed by Aaeesha in relationto the fire damage to the outbuilding. Refer to one relevant case in support of your explanation. (c) Explain, with justification, how the false information provided by Scott might affect his claim. Referto one relevant case in support of your explanation. (d) Identify, with justification, the burden and standard of proof in relation to Scott's claim | (6) |
(10) | |
(10) |
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