Tort – Knowsia

BCL – L1 – Q103 – Tort

Explain differences between slander and defamation in a workplace email scenario.

Question

Rita, a member of staff sent an email on your company’s intranet to another colleague Yaw in which the author among other things branded all Accountants as liars and corrupt. On receiving the email, Yaw also distributed the message to other colleagues and eventually a friend of yours in the office, Joyce, sent you a copy of that email. As the Chief Accountant and head of the accounts department, you feel that this information is false and it has affected your reputation in the office. You are seriously contemplating taking an action against the person who sent the email around.

(a) What are the differences between slander and defamation?

(b) What are your rights in law in this regard and what possible defences can the parties listed above provide?

Answer

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Tags: Defamation, Defences, Legal Rights, Tort, Workplace Ethics
Level: Level 1

Topic: Tort

BCL – L1 – Q34 – Tort

Advise David on remedies for trespass to land and damages from a traffic accident.

Question

David, aged 25, is a premiership footballer who lives in a large house at Adenta in Accra. His girlfriend Clara and their one-year-old daughter, Afi, live with him and the house has a swimming pool in the garden. Samuel, who lives next door to David, has erected a canopy for parking vehicles, which is four metres high, close to the fence with David’s garden and passing over the boundary into David’s airspace.
Two weeks ago, Kwame, a farmer, was driving his tractor towards Nima round-about at high speed and he lost control of the tractor. It suddenly crossed the middle of the road and collided with David’s new sports car. David was unable to avoid the collision and he suffered broken ribs and a broken leg as a result of the impact. David was taken to hospital for treatment and was in pain for a week. Doctors had to amputate his damaged leg. As a result, he is unable to play football again and has found a job as a sports reporter on his local newspaper at a modest salary. He is unable to continue his hobby of ballroom dancing too.

(a) Advise David of the remedies he may obtain in respect of the above torts.

(b) Assume David was killed in the accident, advise Clara of any claim she may have in respect of the traffic accident only.

Answer

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Tags: Damages, Duty of care, Negligence, Tort
Level: Level 1

Topic: Tort

BCL – L1 – Q33 – Tort

Advise on liability for trespass and related torts in a football match scenario involving various parties.

Question

James bought a ticket to watch his local amateur football team, Unity FC. On the ticket it stated, ‘No one may use any recording equipment in the stadium’. While James was at the match he started using his video camera to record parts of the game and was immediately asked by a club steward to leave the stadium.
Meanwhile, Kofi, a Unity FC defender accidentally kicked the ball over a wall and it landed on Sarah’s head in the garden of a house which backed on to the stadium. Sarah is a tenant of that house and she had a head injury as a result of the ball hit.
In the second half of the match, whilst Daniel was piloting an air balloon near the stadium, the weather turned windy and a hot air blew over the pitch affecting spectator Ama’s eyes and causing her to completely lose her sight. Strikers FC lost the game 4-0. A crowd of 50 supporters gathered on the public road outside the club offices chanting for the manager to resign.

(a) Advice (i) James, (ii) Kofi, (iii) Daniel, (iv) Strikers FC, and (v) the supporters of Strikers FC on their liability in trespass, if any.

(b) ‘The law on vicarious liability is not based on any clear principles or policy and is therefore difficult to apply in any particular case’.
Discuss in relation to the liability of an employer for the acts of an employee.

Answer

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Tags: Employer Liability, Negligence, Tort, Vicarious Liability
Level: Level 1

Topic: Tort

BCL – L1 – Q31 – Rylands v Fletcher

Explain the rule in Rylands v Fletcher.

Question

(a). What is the rule in Rylands and Fletcher

(b). Explain the meaning of consequential harm/injury and remoteness of damage

(c). Discuss the defences to actions in negligence

Answer

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Tags: Defences, Duty of care, Negligence, Tort
Level: Level 1

Topic: Tort

BCL – L1 – Q30 – Negligence

Define professional negligence in the context of a hospital case.

Question

Beatrice Yeboah reported to Dunkwa Government Hospital with a deep cut on her ankle for treatment. No medical doctor was immediately available to attend to her but as a result of her profuse bleeding, Emmanuel a janitor who has observed several minor surgical operations offered to conduct the surgery with the support of a Nurse. Upon discharge from the hospital, Beatrice who did not realize that Emmanuel was a janitor noticed that she had suffered permanent numbness in her left leg. In the circumstance, she intends taking legal action against the hospital as the management of the hospital is repudiating liability for her impaired condition.

Beatrice has just heard that you were the most outstanding law student of your class and she has approached you on the following:

(a) What is professional negligence

(b) Advice on the options available to her

Answer

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Tags: Damages, Negligence, Tort, Vicarious Liability
Level: Level 1

Topic: Tort

BCL – L1 – Q26 – Tort

Assess Adade Water Co. Ltd’s chances of success against Osoto Leather Co. Ltd under Rylands v Fletcher.

Question

Nexis Leather Co. Ltd used a solvent in their tanning business. The solvent escaped from beneath the works and eventually filtered into the water supply, polluting Bamidele Water Co. Ltd’s dam. Bamidele Water Co. Ltd was forced to abandon the dam to develop new water supplies. Consequently, Bamidele Water Co. Ltd took legal action against Nexis Leather Co. Ltd.

Required:

Briefly explain the chances of Bamidele Water Co. Ltd, in the light of the Rule in Rylands vs Fletcher.

Answer

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Tags: Environmental Damage, Foreseeability, Rylands v Fletcher, Strict Liability, Tort
Level: Level 1

Topic: Tort

BCL – L1 – Q25 – Tort

Explain the significance of tort law and its differences from contractual obligations.

Question

What is the significance of tort law, and how does it differ from contractual obligations?

Answer

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Tags: Civil Wrongs, Compensation, Contract Law, Legal Liability, Tort
Level: Level 1

Topic: Tort

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BCL – L1 – Q103 – Tort

Explain differences between slander and defamation in a workplace email scenario.

BCL – L1 – Q34 – Tort

Advise David on remedies for trespass to land and damages from a traffic accident.

BCL – L1 – Q33 – Tort

Advise on liability for trespass and related torts in a football match scenario involving various parties.

BCL – L1 – Q31 – Rylands v Fletcher

Explain the rule in Rylands v Fletcher.

BCL – L1 – Q30 – Negligence

Define professional negligence in the context of a hospital case.

BCL – L1 – Q26 – Tort

Assess Adade Water Co. Ltd’s chances of success against Osoto Leather Co. Ltd under Rylands v Fletcher.

BCL – L1 – Q25 – Tort

Explain the significance of tort law and its differences from contractual obligations.

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BCL – L1 – Q103 – Tort

Explain differences between slander and defamation in a workplace email scenario.

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BCL – L1 – Q34 – Tort

Advise David on remedies for trespass to land and damages from a traffic accident.

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BCL – L1 – Q33 – Tort

Advise on liability for trespass and related torts in a football match scenario involving various parties.

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BCL – L1 – Q31 – Rylands v Fletcher

Explain the rule in Rylands v Fletcher.

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BCL – L1 – Q30 – Negligence

Define professional negligence in the context of a hospital case.

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BCL – L1 – Q26 – Tort

Assess Adade Water Co. Ltd’s chances of success against Osoto Leather Co. Ltd under Rylands v Fletcher.

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BCL – L1 – Q25 – Tort

Explain the significance of tort law and its differences from contractual obligations.

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