UNIVERSITY OF ABUJA : FACULTY OF LAW FIRST SEMESTER EXAMINATIONS 2019/2021 -LAW OF TORTS I-LAW 303 ANSWER FOUR (4) QUESTIONS. ONLY NO: ONE (1) & FIVE (5) ARE COMPULSORY : LACE UP YOUR ANSWERS WITH RELEVANT DECIDED CASES Question One On the 19" of April of 2019, Godwin went to watch the Premier League quarter finals between Manchester United and’Tottenham Football Club at White Street Football House. The football house was filled up to the brim and the usual noisy arguments and banters were raging on: The place was very hot and the two ceiling fans were not enough to provide the needed ventilation. Godwin, Josiah and many of their friends were sitting. in the font line, Suddenly, an argument ensued between Josiah and Godwin over. the conduct of a Man U player. Josiahi was infuriated by aremark by Godwin that the player was overratéd, Josiati approached David with a clenched fist. But for the intervention of Ado and Umar, Josiah-would have connected the blow to Godwin’s chin. Godwin got up immediately and'ran towards the. ‘store room. He was looking for. a awedaon, He got asledge hammer and approached where Josiah was standing but Josiah wasn’t there any longer. There was a lot of. ‘pandemonium. Everyone in the room was heading to the door. They were’ stepping and; pushing each ‘other. Ado pushed Umar and passed reaching the door before many othérs, Josiah pushed Godwin violently aside and before Godwin could say anything,’ the -two hefty-bouncers that, were the security men appeared. a They asked everyone to leave but invited Godwin to follow them to the manager’s office behind the building. They walked with Godwin to the office and asked him to sit in the lobby: They stood outside the-entrance and less than 20 minutes after; two policemen came and took Godwin to the Police Station. Godwin was charged with violent fighting and disrupting peace. Godwin was-able'to obtain bail and has now come to you for advice. With the-aid of decided cases, answer the following: a. Considering the actions of Godwin, Josiah, Ado and Umar, di ; , Josiah, liscuss As: 8 Battery as constituents of trespass to person. : “en b. In the light of what happened between Godwin and the two securities, discuss generally the factors courts consider in establishing false imprisonment? . aa auestion Two Possession nx ot ip i TeeSpdss to land ise edly ental isu in establishing the tort of oes relevan aie etage a eg the plaintiff in an action of trespass. i pes the court will consider in Bnding for Question Three Ahmed was passin; hotel, adi g near Atlas hotel, a three-story buildi i we , ry building on ‘Area Council Road. He as suddenly struck on the head by a falling coffee table. The table knocked him:down and he sustained multiple injuries. The table fell from the open window of the hotel on he second floor of the hotel building, Nobody saw the table fall from the window but ere was no doubt thiat the table belonged to the hotel. Considering proof of negligence as an essential ingredient, examine the facigrs the ‘will consider in determining the liability or otherwise of Atlas hotel 9 Se ¢ la ! (15 marks) : uestic 4 Q jon Four : a] “The law governing remedies for interference with goods isa very technical one, This is ‘as a result of the survival and overlap, ‘of different heads of liability. For instance, dealing with the:goods of'a/person jn such a manner that constitute unjustifiable denial‘of his right in them or, the assertion ofrights:inconsistent with the rights of the owner is known jn law as conversion. a. With decided cases arid hypothetical illustrations, discuss the various ways the tort of conversion canbe committed. 4 * bb In what circumstance will you.advise your client to sue through detinue and not through conversion? (15 marks) Question Five 2), The repairs of the Abuja- Lokoja expressway seem to have taken ages. The work hhas been on for many years. Commuters on the toad are already used to seen sudden blockages-by the construction .company. On the 4" of June, Julius Berger, the company blocked-one lane in the early hours of the morning. Some diversion signs and pointers to alternative route were provided by the company. Burners were also set to be lighted in the.night'to warm ‘commuters:about the diversion. Mr. Muye is the staff of the company responsible for lighting the burner at 6.30. pm but on that fateful day, he failed to put the lights.on ‘and by 8.00pm Mr. Ibrahim, a tanker driver rafamed his vehicle on the blockage and ghastly accident followed. The trailer © that contained fuel caught fire and Johin and his co-driver escaped death narrowly with serious injuries. b) Mr. Darius a banker has advised his customer Madam Mary to invest ina scheme that gives 30% monthly return on ‘investment. Madam Mary sold her three houses, 22 cars and one fa farm to mobili and with Covid 19 hori cnough money to invest. On the 20" of April 2020 banker's advice and in lown affecting businesses, Madam Mary velied on her ‘fastmoney. The scheme vested all the money in a money-back scheme called Mary lost ell her money. out to be @ ponzy one and consequently, Madam ¢) Mr. Cl ii : ) cons Chima is a tusk driver who uses his truck for conveying stones and gravels to. siscanross terdlh — morning while he was conveying stones to a construction the brak ley, he lost control of the vehicle and while he was struggling with rakes, Mrs Elizabeth saw the truck heading blindly to her garden ‘where she Teh Junior her five-year old grandson playing, She heard aloud sound followed by a shrill scream and then silence. She screamed too and slumped 2s aresult of fear of imminent injury to her grandson. 4) DRILO Nig. Ltdisa drilling company. It drills boreholes and ‘excavation services. It has so many heavy machines and equipments jn the factory. Some of their machines and equipment were not ‘sufficiently fenced away from the pathway nearby: Efure, ‘a-four-year-old daughter ‘of Mr. Clement was passing by when she i .d thought it was a swing. She climbed up to play and got saw oni of the inachines an "e machine and injured herself seriously. her legs! ooked up in th rations (if any) in the above scenarios and with the iS dats: ‘of care situ: lity or otherwise of the following y : Exarnine the-various mine, analyse. the liabil elements of negligence..in parties. oS a. Mr. Ibrahim ‘and Julius Berger/Mr. Muye b. Mr, Darius and Madam Mary co. Mr. Chima and Mrs Elizabeth 5. Mi. Clement and DRILO Nig. Ltd. Qo marks) Question Six Considering the widespread belief that Law of Torts i wat, ‘due to emergence of varied forms of compensatory Se in to extinction often-repeated statement that the old forms of action we buried ari insurance, and the their graves as elucidated by Maitland J, Respond to the folowing qu ruling us from estion t f inctions of the Law of Torts ), Intention as a mental element i ncn a of tort iabilit c. Relationship between Tort and Contact pres (15 marks) Good LuckUNIVERSITY or ABUJA FACULTY OF LAW a MIRST SEMESTER EXAMINATIONS 2018/2019 eo LAW OF TORTS 1 LAW 303 "Fra ANSWER FOUR (4) QUESTIONS ONLY . NO. ONE (1) & FIVE (6) ARE COMPULSORY LACE Up. YOUR ANSWERS WITH RELEVANT DECIDED CASES Question One eeDavid, a banker has-advised his customer Josh to invest in a. scheme that uN “30% monthly return on iavestient: Josh sold his tes hoe, 2 ca sone farm to mobilise enough money to invest. On the 19% of April 2018; eth relying on his banker’s advice invested’ all-the money in‘to the schem¢ y, Josh lost scheme turned out to be'a fraudulent pony scheme and consequently, Jo all his money. © The repairs of the Abuja-Lokoja expressway seem to have taken ‘age The rk has been.on for many years. Commuters on thé road are already ts ee ie Blockages by the company. On the 4" of Tue, Dene res R e in the. early ‘hours of the moming. on eee pines coheuatie route were provided by the company. ee iin iso set to be lighted in the night to warn commuters about the ayesis 0 Me Kolo is the staff of the company. responsible for lighting the Te 7 ym: but on that fateful day, Mr. Kolo failed to put the lights on ee 0) Me John, a tanker driver rammed his vehicle ‘on thé blockage ca Ay “pouideat followel "ThE taller tha cade fact caught fire ‘and et He co-driver escaped death narrowly with serious injuries. (ol * @. Mr. Ojo isa truck driver who-uses his truck for conveying stones and gravels to construction sites. One morning while he was conveying stone to a construction site the valley, he lost control'of the vehicle the brakes, Mrs Leslie saw the truck headin; Jeft Junior her five year old grandson, playing. She heard a Joud sound followed by a shrill scream and then silence, She Screamed too and slumped as a result of fear of imminent injury to her. grandson. and while-he was struggling with ig blindly to her garden where she° Gin government sale of houses in the F.C.T., Samuel and ad's theck one flat each. Both flats are spread on a semi-detached block ace ore adjoined to one another, Godwin obtained a Joan from Aso mes avings, renovated his house and moved in with his family while 10 is a junior staff could not. Thieves entered into Godwin’s house through a hole in Samuel’s flat and catered away a Jot of valuables. They also injured him With a cutlass, a Be s Rook Nig. Ltd is a: drilling company. It drills boreholes and excavation. services. It has so many heavy machines and equipments in'the factory. Some ~of their machines and equipments were not sufficiently fenced away from the Sathway nearby. Bobby, a sever year old son: of Mr. Daba was passing by when he saw one of the machines and thought it was a swing. He climbed up to play and got his legs hooked up in the machine and injured himself seriously. Examine the various duty of cate situations (if any) in the above scenarios and with the elements of negligence in mine, analyse the liability or otherwise of the following. parties. (20 marks) a. David and Josh b. Mr. John and Damtata & Sawoe "6. Mr. Ojo and Mrs Leslie |. Mr. Godwin and Mr. Samuel e. Mr. Daba and Rock Nig. Ltd. Question Two a. “Possession not ownershi of trespass to Jand. Discuss ¢ finding for the plaintiff in an action ip is undoubtedly a central issie in establishing the tort he relevant factors the court will, consider: in of trespass to land. b. Write short notes on the following: b. Remoteness of damage c. Statutory negligence (15 marks)Question Three a During the democracy day celebration on June 12, 2019, Dauda was passing neat MGC¥ hotel, a three story building on Atéa Council road Gwagwalada. He was suddenly Struck on the head by a falling coffee table. The table knocked him down and he Sustained multiple injuries. The table fell from the open window of the hotel on the second floor of the liotel building. Nobody savy the table fall from’ the window but there Was no doubt that the table belonged to the hotel: a. Advise Dauda regarding his chances of recovering from Maz-hotel ». Examine the factors the court will consider. in determining the liability or ~otherwise of Max hotel. (15 marks) mestion Fi The law governing remedies for interference with goods is a very technical one. This is as a result of the survival and overlap of different heads of liability. For instance, dealing with the goods of a person in such a manner that constitute unjustifiable denial of his right in them or the assertion of rights inconsistent with the rights of the owner is known in law as conversion. With decided cases.and hypothetical illustrations, discuss the various ways the tort of conversion can be committed. : . (15 marks) Question Five On the 19" of April of 2019, David went to watch the Premier League quarter finals between Manchester United and Tottenham Football’ Club at Zorada Football House. The football viewing center was filled up to the brim and usual noisy arguments were Jace was very hot and the two fans were not enough to provide the ilati i i ir friends were sitting in the front ‘Yentilation. David, Josiah and many of their frien ‘ aay ‘an argument ensued between Josiah and David over the conduct’of a Man 1 player, Josiah was infuriated by a remark by David thatthe player was yf id wil shed fist. But for the intervention. of ‘ah approached David with a clenc forthe : Sere Ua I sich would have connected the blow to David’s chin, David got up A a etn Jooking for a weapon. He got a it i towards the store room. He was lo 4 : En ao shed where Josiah was standing but Josiah wasn’t there any r rac] : ir ae prceeny tar of pandemonium. Everyone in the room was heading to the longer. The! raging on. The p! 3door, They were stepping and pushing each other. Ado pushed Umar and passed reaching the door before many others. Josiah pushed David violently aside and before David can say anything, the two hefty bouncers that are the security men appeared. They asked everyone to leave. but invited David to'follow them to the manager’s office behind the building. They walked with David to the office and asked him to sit in the lobby. They stood outside the entrance and less than 20 minutes after; two policemen came and took David to the Police Station, David was charged with violent fighting and disrupting peace. David was able to obtain bail and has now come to you for advice. With the aid of decided cases, answer the following: a. Considering the actions of David, Josiah; Ado and Umar, discuss Assault and Battery as constituents of wespass to person.” -* b, In the light of what happened between David and the two securities, discuss y gencrally the factors courts consider in establishing false imprisonment? (20 marks) uestion Uche and Ezinne own a resort on an island that requires a boardwalk through a thin path that links the island to the dock. Cruise'ships usually dock in. that Part of the island. Eukeria is a law student of the University of Abuja. She loves spending good time in beautiful places, She hid planned and saved money to visit the Margenta Resort on the island. She bought a flight ticket to Lagos and. boarded a cruise ship to the island. She paid a toll or entrance fee to the island and was given a pass and a printed. guide to-help ‘her {o.navigaie the island. She was to follow the boardwalk to the tésort: Few yards into her walk on the thin boardwalk way, she slipped and fell as a result of the water that was left‘on the plank by the cleaner who was asked to clean and mop ‘it. Eukaria broke her leg instantly. The fall was not only as a result of the water on the plank but the thin plank seomed to have decayed too. Bukaria for advice about her chances in court, i been contacted by Bukaria for a : her ef : Si aa sont wate are the fzotors which the court will consider in assessing the a, a SF elts expected of ‘Margenta Resort towards \her'and other fun seeking standar i tourists?. (15 marks) Good luck to you all 4