| | |BA HONS IN LAW |
|EXAMINATION: | |TORT LAW 1 | |YEAR 1 |
|Time/Date: | | |Venue: | |
|Sem 1 20** |DURATION: 2 HOURS |
|Internal Examiner: |ELLIOTT PAYNE, M.A, LLB, SOLICITOR | |External Examiner: |?????????????????????? |
|Instructions To Candidates | | | | | |ANSWER FOUR QUESTIONS. | | | |ALL QUESTIONS CARRY EQUAL MARKS. | | | |USE CASE LAW AND STATUTORY AUTHORITY TO SUPPORT YOUR ANSWERS. | | |
WATERFORD INSTITUTE OF TECHNOLOGY
THIS IS NOT THE EXAM!!!!!!
USE CASE LAW AND STATUTORY AUTHORITY TO SUPPORT YOUR ANSWERS
Paul suspects that his wife Sharon is having an affair with his next-door neighbour Carl. One day after a very stressful day at work, Paul sees Carl returning home and pounds his fists and shouts out “say your prayers Carl, because I am going to stab you”. Sharon overhears the shouts and tells Paul that she is moving in with her sister. Paul has now had enough. He proceeds to kick down Carl’s door, grabs Carl by the hair and forces him into an upstairs bedroom. Paul locks the door and tells Carl that if he wants to leave, he can climb out of the window and jump. Identify and explain whether Paul has committed any tortious acts?
Identify and explain using legal definitions and cases whether Paul has committed any tortious acts?(TOTAL 25 MARKS)
Write a brief note on FIVE of the following:
a) Scienter liability for animals;
b) The differences between the torts of conversion and detinue; c) The facts and decision reached in the Cambridge Water Co. Eastern Counties Leather plc case; d) The tort of emotional distress
e) Novus Actus Interveniens;
f) Causation explaining BOTH the legal and factual...