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TORT LAW (Occupiers
C sues the occupier for damage/injuries/loss while on…
TORT LAW
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Vicarious
Was the tortfeasor an employee?
Employers can be liable for the actions of employees but not for independent contractors, so they attempt to prove that they were not employers
Control Test
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Mersey Docks v Coggins
- Crane driver + crane on loan to the harbour, injured C, employer was VL as they were still in control of employee and equipment
Integration Test
A worker will be an employee if his work is fully for the business, and not if he's an accessory (then will be an independent contractor)
Stevenson Jordan and Harrison Ltd v McDonald and Evans
- Engineer wrote a book with knowledge he acquired working at a firm
- Was an employee
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Torts Connected to Land
Public
'any nuisance that materially affects the reasonable comfort and convenience of a class of Her Majesty's subjects.'
Class of people
No set amount of people,. just a selection
PYA Quarries
- Operated a quarry, dust + noise
- Public nuisance - affected a class of people.
Special damage
C must show that they have suffered special damage over and above what other members of the class have suffered
Corby
- Toxic sludge contaminating ground, children born with deformities, guilty.
Halsey
- Acid rain from Esso damaged C's car
- can claim for damage to posessions
Defences
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Statutory authority (authorised by statute, and the pros outweigh the cons)
Private
An unlawful interference with another person's use or enjoyment of land coming from the neighbouring land
Unlawful interference
Locality
- Can't complain about factory noise if you live on an industrial estate
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Indirect interference
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Hunter v Canary Wharf
- TV not a right
- An interest in property is required
Laws
- Sex shop, indirectly interfering with how they enjoyed their land
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Defences
Prescription
- If the action has carried on for at least 20 years and there has been no complaints, then D may have a prescriptive right to continue.
Sturges v Bridgman
- D ran a confectionary shop,
- New guy moved in, claimed for nuisance, D tried to claim prescription, didn't count
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Statutory Authority
Allen v Gulf Oil Refinery 1980
- Oil refinery was neccessary