STUDENT BRIEF The law of Torts is about civil wrongs. It is necessary for students of business/law to understand the nature and scope of the specific torts that impact on business activities as well as the defences available in Tort actions and remedies. STUDENT TASKS 1. In respect of each of the scenarios set out hereunder (a) to (d) (i) Identify the particular tort involved. (ii) Explain the law in relation to that tort (iii) Explain the scope of the tort in terms of who has the right to sue and who may be sued. (iv) In terms of remedies evaluate which is or are the most effective for that tort. (v) Apply the law to the facts. (a)The Evening Standard Newspaper of last Saturday had an article on cosmetic surgery. In the article it was stated that John Smyth cosmetic Surgeon practicing in London was no advertisement for his profession as people often ended up looking worse after having cosmetic surgery performed by him than they did prior to surgery. A cosmetic surgeon called John Smyth practicing in the Beaumont Private Clinic in London is appalled as he thinks this could be taken as referring to him and seeks your advice? (b) Catherine rents an apartment in Campus Court in Ashtown in London. Charlie, the owner of the apartment above her has a tendency to play heavy metal music at a very high volume at 2 and 3 am in the morning when he comes home from working the night shift. Catherine has complained to no effect and feels like banging pots and pans during the day when he is asleep to get her own back. she seeks your advice about the situation? (c) Eddie has his own haulage business. When he stays over with his girlfriend Ester, he has taken to parking his truck in what was her next door neighbor Philip’s front garden which Philip had paved over to provide a parking space for himself. This means Philip cannot park his own car in his own property. Philip has complained to Eddie a number of times but to no avail. Philip seeks your advice? (d) Sam’s neighbor Stephen stores very large quantities of oil in his back yard in two huge tanks for the purpose of his oil supply company. Last Monday large quantities of the oil escaped from one of the tanks in Stephen’s back yard and destroyed Sam’s award winning garden. Stephen says it is not his fault the leak was caused by someone trying to steal oil. Sam is furious and seeks your advice? 2. Explain and evaluate the general tort defences distinguishing them from other defences relevant to specific torts? 3. Identify and discuss the particular types and classifications of remedies 4. Explain the basis of calculation of potential damages in the case of :- (1) an action for Personal injury (2) an action for Defamation Outcomes 3. Analyse specific torts other than negligence which impact on business activities.. 4. Examine and Evaluate the possible defences against actions in Tort and the remedies available for different forms of loss. ASSESSMENT CRITERIA 3.1 Explain and apply nuisance, trespass, defamation.. 3.2 Evaluate the scope of these torts in terms of right to sue and who may be sued 3.3 Apply the rule in Rylands v Fletcher 4.1 Distinguish and evaluate general defences from other defences relevant to specific torts 4.2 Identity the particular types and classifications of remedies. 4.3 Understand the basis of the calculation of potential damages in particular situations 4.4 Evaluate the effectiveness of particular remedies when applied to different forms of loss.
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