1. ‘Recent decisions concerning vicarious liability were no doubt motivated by a desire to do justice, but have left the law in an unclear and unprincipled state.’
Discuss. (focus on particular recent developments, lister v hesley halland its successors such as Viasystems, which considered the position of borrowed servants. Secondly it had to explain
the particular concept of “justice” which may have motivated these
decisions. Thirdly it had to explain whether the law was now either
unclear or unprincipled. For instance it might be thought unclear whether
Lister applies only to intentional wrongdoing by an employee and whether
it has blurred the distinction between vicarious and primary liability.
Candidates are entitled to agree or disagree with the quotation or to agree
in part and disagree in part. What is important is that the argument is
logically presented and is based on an accurate representation of the
various cases.
2. Mabon owns a house with a very large garden. Nada is taking her dog for a walk along the road bordering Mabon’s house, when the dog jumps over Mabon’s fence and runs into the garden to eat some flowers. Nada enters the garden to retrieve her dog which, by now, has run into Mabon’s greenhouse. While Nada is in the greenhouse, Mabon sees her and shuts the door, saying ‘Stop there, you thief, I am telephoning the police ‘. Nada, who is sure that she can explain her presence to the police, is quite happy to stay in Mabon’s greenhouse admiring Mabon’s collection of exotic plants. The police arrive in a few minutes, and no charges are brought against Nada. Nada leaves her jacket in Mabon’s greenhouse, and Mabon refuses to return it to Nada until he receives some compensation for the damage Mabon claims was done to the plants in his garden his garden by Nada’s dog.
That evening Nada received a telephone call from Ohara, Mabon’s partner, who told her that Nada’s husband Peter had been killed in an accident that afternoon. Nada suffered a violent shock and permanent mental health problems. In reality there was nothing wrong with Peter.
Mabon also owns a disused plot of land in central London adjacent to a building site owned by R.J Builders, where they are building a new office block. The jib of a tall crane that they are using constantly passes over the airspace above Mabon’s land. R J Builders have offered to buy the land from Mabon, but he has always asked for more money than they are prepared to pay. Mabon now wishes to obtain an injunction against R J Builders, preventing them from intruding into the airspace above his land with their crane, even though it would be very difficult to them to redevelop their land without doing this.
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