OF THESE 3 QUESTIONS, PLEASE CHOOSE JUST ONE THAT YOU CAN DO THE FASTET.
I NEED THIS IN 4HRS. (I will not accept it if it cannot be done in 4 hrs)
NO footnotes or bibliography.
Only in text citation of (author) or (case) or (Regislation).
For each case, I need relevant tort law cases and Acts. (Nuisance for #1 and others for #2,3)
#1
In 2022, Afua purchased the site of the former Oldwich High School. She obtained planning
permission from the local authority to change the use of the site to a City Farm. The farm
provides educational opportunities for inner-city children to learn about farming and animal
husbandry, as well as close encounters for visitors from the local area with a variety of
animals that would usually only be seen in rural areas.
Ernie, who bought a house next door to the school 30 years ago, was pleased when it closed
down, because he had been inconvenienced by the increasing amount of traffic passing his
house and entering and exiting the car park adjoining his property. Since Afua’s farm opened,
however, he has been finding it even more difficult to reverse out of his driveway due to the
many cars going to the farm on weekends and in school holidays and the buses bringing
children on school trips during the week. He now tries to avoid going out in his car whenever
possible and has even given up attending his weekly painting class. Usually a keen gardener,
Ernie has also stopped tending his front garden, as the traffic fumes were exacerbating his
asthma.
In December 2023, Carine bought a house adjoining the farm. Carine’s back garden is
separated from the paddock where the cows usually reside by a fence and a small stream.
Since the farm animals have been turned out of their winter shelters, she has found the
smell of them, and the manure, disgusting, to the point where she is unable to sit in her
garden or leave her windows open.
Recent heavy rain has washed cow manure into the stream and, from there, it has
overflowed into Carine’s garden pond, killing her koi carp which were worth several
thousand pounds. Carine’s mother, Odette, has been staying with her since May whilst
renovations are undertaken at Odette’s home. Odette has a severe phobia of cows and
4
consequently is unable to ever take her little dog out into Carine’s back garden. She finds it
inconvenient and a little unnerving to have to take her dog for a walk down the road in the
dark at night, but feels she has no choice.
Advise Ernie, Carine and Odette as to any claims they may make against Afua in private
nuisance.
#2
Recent case law has significantly restricted the scope of relationships which may give rise to
vicarious liability. It is therefore to be hoped that recent development of the law on nondelegable duties will provide claimants with the continued ability to claim against the
defendant with the deepest pockets.’
Critically discuss .
#3
Critically evaluate how effectively English law achieves its stated aim of awarding full
compensation in cases where negligence is successfully established.
