. on o~ bcsaN Guna FACULTY OF LAW Winn hon UNIVERSITY OF CALABAR, CALABAR Des Ts hanna nord FIRST SEMESTER 2017/2018 ACADEMIC SESSION EXAMINATION (QURSE CODE: PPL9a1 COURSE TITLE: LAW OF TORT LATE: 09/03/2018 TIN: 3 HOURS SesTRUcTION: answen FOUR QUESTIONS IN ALL, TWO FROM LACH SECTION. QUESTION ONE IS COMPULSORY ECTION A ; .». Elemi and Uche are both contesting Ngozl. To displace Elemi, Uchw informed the police that Elomi is a cultist. He gave the police a graphic description of certain cult and criminal activities Which he alleged Elemi’s Involvement in, He aiso advanced some mone, for the fuelling of the fholice van and took them to Elemis residence to effect arrest, Furthermore, Uche employed his high connections with the police to ensure that Elomi was charged to court. Now, Elemi has been arraigned, tried and discharged and acquitted. ~b. Glory and Onyinye are neighbours in a face-me-t-face-you compound. They are not best of friends and,have always been at loggerheads, Onyinye alleged that Glory was a “cheap git!” and has "light fingers.” This allegation has caused other neighbours to shun and avoid Glory. Yesterday, Glory went to Onyinye’s room at about 11:00pm, locked the door and challenged Onyinye gn the above atlegation, Onyinye requested Glory to leave her room but Glory refused and this fesulted in a qua:rel that lasted for over 30 minutes. A fight ensued wherein Glory Picked a flower vase, advanced towards Onyinye and delivered a blow which caused a deep cut i ‘on Onyinye’s head, ‘ i & Emeka is 9 years old. He is the only child of his BSyear old father. Five years ago, his father leased out his strategically located piot of land to Electro Co. Ltd for 30 years. Electro has further refited the land to Silver Const, Ltd from where the latter is excavating laterite. Nkanu is agerieved| * | Identify tho| & 2.2 Attempt ald|scourse on the tort of trespass to vropeity, ringing out the eter issues in the above scenarios and advise the parties. 1's of detinue is an exception to the general (contractual) doctrine of privity. of contrac. Discuss 1 light of the court's decision in Donogiiue v. Stevenson (1932) AC 562 @ S19. |p. case offnegligence, prpounts to the reasonable care expected of him, may take into consideration what is f the “risk factor” by examining a number of variables. . Prrsencbilty of to i rte situptions, the court, in détermining whether or not the care showed by the devendant in Freecceaba riables. ‘on the following: tur | oer i jase law, define trespass to lhnd dndlexplsin acts that constitute the trespass. Bh } i ort and explain the plitpose ofthe Law of Torts | { bi} Explain what js meant by tReverslopary Right? } - i { i vecE f pene etan CaLasore IESTER EXAMINATION 2018;2019 DATE: TtHoRo10 ¢ | henease QUESTION 1 angie | canes on business | anna won ats Pa eB oven) pec tos was pasked dey 1. Arr Peace Lis font new | %@ aviation company in Nigeria, ined foun “was trying 10 reverse, Bota 7 max om Boog Aicutatacses Conese | san can' De ie jibes ont th tower the scot Alt ato it etna cron sacttesion ond | Secseer ieee ene eae | 33,000 feet and er 53000 et sd ashe ned nny n En Stes) | “os arer ne aces I a Causing wdesseed desta | ered ote resp ue to he tocge of Teron Ty 2 ‘aly on ground nose cain nevedcxant ta Lise on her ba aon Abert onthe Iveta, | “stash occurred as a result of i crash investigators concluded thet|ar_| egal imphcations of Ems action. + tarp it OF a defect in ar une and new sewechads | Nese an8, oe ee ah gee enn tee i sites te om pet ms TY Message song the mat 1086. EMA ag ‘ro the area whieh was notin the oe: moze Vy pts Koos a dangers Bn Peete! f ae voy any damage caused oy te anal another (May ari ‘concluded “denied the Piots the ability to cont : purpose at contro! the aircra‘t mari = a" Sea men cameos fain pear en eat occur as a rest omission”, ohne | te oes eit ay oancaney With this investigation repor: mace public, esa tener inves. Fs ei ciel ; ice representatives of the families of the victims of the air crash, anthe ieee a v Sat aoe bot Seeterrg Cocrcl oft Privale Uriverely docttyed intra on ceen enat f= 2057, Tid sehr Peace Lites Umoriy deatoyezn tar cmencyst | 18.2%. ngarrs beeen ane bo te ca ee | ctrann 0052x8 57 marae on eve Horeca Prepare a legal opinion on the relevant area of lor Law that can prove ® Dosqae. eves aoseonesend Nalet BAtee remedy for all the aggrieved parties 7 Cor breach of dusy “eraghe 12 Res pea loqutor i a lat. marim that lacks practical sty in Bignbo | the law of or” t aldery Htecegh In the ight of se above observaion, examine the elect of he main "= | 4 pee Sees pee ete Be i~TN" ~ COURSE CODE: PUL 331 FIRST SEMESTER EXAMINA COURSE TITLE: LAW OF TORTS ANSWER 4 QUESTIONS IN ALL, TWO FROM EACH QUESTION 1 AND 4 ARE COMPULSORY. ae SECTION A ‘ 4, on a petition forwarded to the commissior sioner of Police in Cross . River State, by Miss Comfort, Manny was arrested and/detained at ierpaAmiee eb The petition alleged the following: ir ay a8 there was frequent power jn ’ incessant noise produced by religious wor 7 Seeery ena rs Etter re i sal on After reviewing the book, you have concluded that the onli (ime me esi ee? ‘and that there is a case fit) = re her case with emphasis on the burden of proof in respect i «| the element ofthis tort. (40, Marks) investigation. After his 3 days detention, 8 5 1 ‘nine al oo “Eanes Nein Suro Ct The fe a ‘Walter Onnogen J.S.C in professor Kingsley Owoniyi v. New Afric case fo answer and decharged and a aemilted Hin. Manny has Holding Limited. 8.C 1092004, with emphasis on the element of consulted you in respect of this development. toxt of defamation. (5 Marks) Prepare his case in tort. (25 Marks) 3b. Comment briefly on the defence of fair comment. (5 marks)es SECTION {ho and Okan are nelghtours in a face me: ace-yu hore aro not best of tionds and are says mt nggotheade wih ech 1 ‘wo days ago, Okon went to Uche's room at about 11,00pm, looked 1 door and removed the keys: Uche requested Okon tb leave his ver 40 minutes. A fighi ensued wherein Okon ah ‘aused a deep cut on Uche's head. a 4 suquo is 47 years old. He is the only child of his 90 year . ‘x years ago, his father leased out his strategically locatsl plot .ad fo Manner industries Lid for 30 years. Manner has furter 1 land to Nsor construction Lid fem where the lator is caving ‘erite. Asuquo is aggrieved. ey Totty the legal issves in the above scenarios and dvi thi fan the aid of case law, define trespass fo land ari explain atts onstitute the trespass. *sop 1 PH WW FACULTY OF LAW LAvvS! UNIVERSITY OF CALABAR, CALABAR FIRST SEMESTER 2019/2020 ACAIEMIC SESSION EXAMINATION SOURSE CODE: PPL331 COURSE TITLE: LAW OF TURT DATE: 17/02/2021 TIME: 3 HOURS INSTRUCTION: ANSWER FOUR QUESTIONS IN ALL. _/ESTION ONE IS eer - 1.8. Mercy and Ekama are neighbours in the same compound. They are not best of friends and have always been at loggerheads. Mercy alleged that Ekama was a" el light fingers.” This allegation has caused othe, nel its to_distancé Ekama. Yesterday, Ekama went to Merc/’s room at about 11:30pm, locked the door and Challenged Mercy on the above allegation. Mercy requested Ekama to leave her room but Ekama refused and this resulted in a quarraf that lasted for over 30 minutes, A fight ensued ‘Wherein Ekama picked a flower vase, advanced towards Mercy and delivered a blow which Caused a deep cut on Mercy’s head. b. Eko and Asuquo are both contesting Emem. To displace Eko, Asuquo informed the police ‘that Eko is a cultist. He gave the Police detailed description of certain cult and criminal activities which he alleged Eko's involvement in, He also advanced some money for the fuelling of the police van and tgok thein to Eko’s residence to effect arrest. Furthermore, ‘Asuquo employed his high confections with the police to ensure that Eko was charged to court. Now, Eko has been arraigned, tried and discharged and acquitted. f Identify the legal issues in the above seen rios and advise the parties, s 2. With the aid of case law, define trespa:s to land and expliin acts that constitute the trespass, 1 (2) a breach of contract. 3.a. Deiine (ort and distinguish a tort from (1) a crime b. How relevant is malice and intention to an actin tort? 4. On Monday night, you received a distress call from your father that the police who have been searching for your uncle for an allege ce'me have arrested him (your father) in place of your uncle who is still at large. Similarly, your friend was arrested at abou! 5:60 om during a police raid around his area of residence, He was in his pyjamasiin his rocm during the time of the arrest. No reason has been given for his arrest and he has since semained in the custody of the police who have refused him bail nor charged him fo court. Identify the legal issues in the above scenarios and advise your father and your friend accordingly. 5S. Certain defences are available to a defendant in a case of defamation. Discuss at least three (3} of these available defences, ‘6. Write short notes on any four (4) of the following: d. Malicious Prosecution a. Assault b. Battery — AJ «, False Imprisonment ' Set e. Defamation vf f. Unlawful Detention. oFuns TACULTT OF LAW VERSHTY OF CALABAR FRRST SEMESTER EXAMINATION Course CODE: PFET TIME: Het! i went to the clinic ©f Dr Bases prescription and Ce AAT casa eco sy tad the De Hoa is de Rok a he admitted overnight and that be did noe want any surgical procedure performed on him, “Aji said he repeatedly told the Dr thet no surgery should be performed on him. According to Aji, the Dr did not act iM Scconsance wo his instructions and that the procedure performed on tim by Dr Bassey only served to worsen his condition which made it inevitable for him to seek remedial westment from other hospitals. In fact, the drups administered on him at about 8.30pm mae him steep till 12.3Sam of the next day. Mr Aji nis now browght an action against De Bassey for MEDICAL NEGLIGENCE. In his defence, Dr Bassey posited that the cnsent form signed by Aji contained all the he performed. Lb The University of Calabar is currently engaged in massive construction on campus, A Dangote truck that came w supply gravels veered off its lane and erossed the median 10 the other lane where some shudents wed cckh ing on the pedestrian walk way. Faced with this eminent danger, four of the students ®mpered but Tonia; an extremely fearful person ran into a ditch and sustained multiple The other three students were unscathed. Tonia has now brought an action against Dangote for negligence. ‘Taking the facts of these two cases into consideration, advice the parties on the existence or otherwise of negligence bearing in mind the defined legal circumstances in which: a. Negligence can be established; b. negligen¢e Sn be compensated; ¢. negligence can be mitigated; d. negligence can be exculpated. Lee There has been serious animosity between Mr David and the family of Mr Jones because Jones’ first son is suspected to be behind she theft of Mr David's car. Things got so bad that parties openly threatened to deal with each other. The sudden and inexplicable disappearance of Mr Jones’ son has now aggravated the dispute. On the I" of November 2021, Mr Jones entered into David"s house demanding the whereabouts of his son, In the process, he pulled out a short gun and pointed it at Mr David in the presence of David's wifl-and fittle daughter. The wife and daughter fainted immediately. It took a lot of money and medical procedure to resuscitate the duo. Although they are now stable, the wife has developed a serious cardiac condition. It tumed out that the gun used by Jones was a toy gun. You have been consulted by the family of Mr David to institute an action nile for the incident which resulted in the damage suffered by Mrs David and their little daughter. What are your chances? ao AS Ss08 8S 5®2 According to Coke CI, int of the Hberty of a man is an impri shough 7 he be not within the of any common Carefully evaluate this statement in oF the contemporary component 4° ingredients needed to establish false imprisonment. Identify and discuss FOU" defences that might be available to a defendant alleged to have committed false ™Prisonment, 3 ‘The typical evolution of modern law of wrtuous liability is upfront but at the same time ambiguous. Negligence liability replaced Pre-modern forms of action as the principal basis for the imposition of liability for bodily injury and property damage. This is not to discount the availability of numerous liability Options made possible by the law of tort as a means of providing remedy to victims. Discs the historical development of the law of tort underscoring its dimensions and utility in the 21" century. 4. 4, Write notes on any four of the following cases: (a) Onasanya v Emmanuel (1974) 9 CCHIC 1447, (b) Balogun v Alakija (1963) 2 ALL NLR 175. (c) Baseley v Clarkson (1681) 83 ER 563. (4) Davies v Lagos City Council (1973) 10 CCHCS 151. (©) Chukwurah v CFAO (1967) FNLR 168. ‘A conversion is an act ......... of wilful interference, without lawful justification, with any chatiel in @ manner inconsistent with the right of another, whereby that other is deprived of the use and POssessTOn Or Tes. Lauer Sir John Salmond. Comment on the above statement highlighting the main ingredients of this civil wrong, their forms ‘and possible defences and remedies. 6a, Etim and Asukwo are both contesting for Caroline, In order to castigate and displace Etim, Asukwo informed it i Tigerian Police that Etim is a cultist and robber. HF fave the security establishment detailed desegiption of certain cult and robbery © Of ions which he alleged that Etim was involved. ‘\so mobilised the police and directed them to Etim’s residence to effect arrest. Furthermore, Asukwo used his connections with the Police hierarchy to ensure that Etim was charged to court and prosecuted. At the trial, no concrete evidence and witnesses was produced against Etim. Asukwo’s narrative was bereft of any fact. The court a ‘ordingly found Etim innocent of all the charges and he was discharged and acquitted, Following the end of the case, Etim has approached you for advice. Using the law as espoused in decided cases advise him. 6b. Highlight the differences (ifany) between conversion, trespass to chattel and detinue.FACULTY OF LAW fi) invest orcuamosel, RS ‘SECOND SEMESTER EXAMINATION 2011/2012 acRDEMICEsiow i LAW OF TORT LAW 3032 INSTRUCTIONS: ANSWER QUESTION NO: ‘QUESTION IN SECTION & 1594 ALR 99) wiote, eer fam Swe ens a! ssid Pe Le wz Wine) U8 ssc ace was hat "Ras toagro pereraerany ae @ emilee crmeinpareme gore or ahve abe yc equi the pope ‘ee he stodd foe carte owing saosin (6) You ny hs prc pes es 03 fam your afcodain tyes lt bere then yur tenn ed ape i) You faders bases associate wi i indeed 10 you fate pert pln cae down, : is basins sl This asses in Niger cod ran ff © USA, ter nsing your Saber veiies icing a tact anf oer equipment valued over MIO. (en nln nia, (9) Yo cls mat Lia pe by this uversty writing is degree exsninion te pays of 500000 gv lon lao es through the Vice Charelor onthe ground tht be spat on the veil. of he Vice Chel, andthe waives ow bet upon the cond of. begs un nt ck ‘which made itto ech fir on i {o pick the vee chanel “chanelle pick cab and the te cabi USA athe one cane eae ena ne aes eee and ee eae furan ae eee mocaerer Perens Paes Be eee See ve us ust handed oe it of sons -scved colin rm the Fer! gh Coun Caer for alles passing off Es grt en ancien tba umegired beer mek of ents bowing compar ADVISE YOCR CLIENT GENERALLY ABOUT WHAT Y6U INTEND To Do To stoP THE ae. CASE LAW AND staritony sDATE: 19722015, | /ER QUESTION ONE (1 IN SC“10 QUESTION FOUR (IN SECTION" +f You wth the following, by an explosion or narrative: "My hou Saturday afternoonffehite { was resting. Part of my rool collapsed, my aliffinum windows had all lasses artifacts thal hung on my wall fl are all degtroyec. I could not tll the source of ted near my house, owned by 2 Jcompany ic responsible for the tanker without openih the hat and there wat 9 bul i uubsequently fed to the explosion.’ is on,my body afl face and my’ | ao suflered ee tra Oat Now roms te right oye was dest ‘broken windows" seas Tankship (UK) Lid v- Moris Dock Engi company Ll (Wagon Mound No 1) 1961 AC 288 a ‘olemis are two confusing decisions tn 4 la whi tat ofthe Rule in Rylarule and Flt Mon natura use ot ave” 9 meeting point between these miles? la) “Lora Goft in Cambridge Water Vo. V. East Ueetnor Ple (1994) 2 A.C 264 at 306 commented tht“ ‘Would lead fo a more coherent body of comrodfiow ‘incipls ifthe rule in Rylands and Fletcher were ve rigarded a8 essentially an oxtension uf tie iay of ‘isance to folated escapes from land”. She i comet ioc os postin el vo U4 “Te Animal in your eustogy determines your ii she ~contet this ebsorvation?Ct SECTION B: elections and the party: heavy weights promised I ANSWER QUESTION 4 AND ONEOTHER i si business when the oan oie pes The bank ‘embark on a recapitalization project “ ompianatina of the Jacaranda vildpe council theifollowing base'mra terrblah er nee complaints were laid by some ps it stated that it does business with the CR: 3 handles the salaries of Civil Servants in the state. Many people ‘bought shares in the bank. After the elections and inauguration of the government, the new governor decided against moving the account of the government to a micro finance bank. The bank moat Would your answer be a ‘meant only for criginal of the bank shares and if no ‘38° waseIncurred as 4 result of the governmont policy? Ci! (28 e--ks) 4 action to halt the occurrence, (SMarks) fil, “Me. Dan an official of the Nigelan Security Defence Corps (NSCDC) visited Mr. Aj d ili, James v. Mid ot like | —~(SMarks) lv, Balogun v. Als dv. Rackitt & Coleman 494 (Marks) Janet Is. ss encroached of her space and ) ye above scenarios’ give your ion on the rig| : | 2. Lore Goffin Cambridge Water Co. v. Easterh Counties eather - FACULTY OF LAW UNIVERSITY OF CALABAR CALABAR 1/2016 SECOND SEMESTER EXAMINATION, SE: Law of Torts Cove: eae PPL 32 DATE: t0re2016 {: Answer two questions from each (1) andfour (are compulsoy not Ss oe a SECTIONA consued you wih the folovng naratve; ‘While|spending the holiday at my cousis house with ‘ny fay last mort, the hause was rocked by aud Part ofthe roof eolaped and nie my as a! of ‘operations at a nearby filing Sito cle News oN ad Gx, Ou tstgon children. Spinters of broken glasses flow al over and 1 ne ese Dercad tough my et eye adam tow | revealed that there was a leakage inthe liquefied gas storage tank and a. welder was conraced by the ‘company to cary out wolding operations to seal that We cou a tte eae of he ieaagp. t We ee cme wa ot oi te ial, but later we were informed that wes in thatank and there was buldup of pressure 1 eed Weebamovemtnmmege ete | | ra cememengee re ronment ‘eatablis bpfore the court to ensure Darby's this a | ‘success In acu lamrrersan | ANE COURSE CODE: PPL 442 | COURSETTLE:CAWOFTomS _BME:GMOUNG | INSRUCTION: Anawer two qvosion van za le scton. Quon tame BEOTIONA the Nigerian Law Schl met internship at ‘the state High toe thoy Hi ed doubt nto tk eigen ned ould or should ‘occurred in any given situation", {{ssue 2) “That the requirement of inter fouridation for an action in private nuisanod (issue 3) * that in all cases of actionable nlisance, the lawn effectively provide a relief wide legal injuries or damage Incurred ‘activities ofthe defendant”. ((ssue 4) * That the legal requirement or be established by the plaintiff In both private and ‘nuisance are so closely affliated with be held to fave In and is not a the ‘As a practitioner in law with adequate land with the alds of decided cases, cons! Ple (1984) A.C 264 at 306 commented that it would loa’ 2. Godly anerod ino a tn year eas ith i, a moto mechanic wherein a Blot of land located at a resent fea in Calabar was leased out fo Panel Beating, industrial woking and ho reps vorshop. Three moths after the commencement of thse acs, Sania oe residents of the locality complained thatthe operat ofthe wotshop has geneaed Unbearable noise, novous fumes ard as created general discomfort and that hey cant coke tolerate ti wrsning sua, ». Ite can sue on behalf of otha ldonts ofthe locality in reepect, of histor? «Assuming he can sue forthe tor that he needs to etalich Ineo forthe judge tobe convinced ‘he has suffered alogal wrong? ‘atesion of he law of nsance fooled escapes fom land Cambridge water compar v. 08, Does this comment refettpostion ofthe law in Nigeria? ‘of common law principles if the rule’ in Rylands and Fletch were to be regarded 88 essentially an tension of the law of rusance fo scated scapes from ‘ellect the true-postion of the law in igerian musician retained the services of Or. ian @ ‘consultant and owner of hybrid medical clinic Calabar, ds his personal physician! Emi records ‘contracted Iynaya| to stage a sories of concerts in thirty six ‘states capita tombrk the Nigerian centenary celebrations. six states, anya complained to Dr. Wiliam from feugue, nausea and lack of sleep. he should take a bed ret fora couple of ‘however pleaded with the doctor tht he leatlon that could help induce deep sleep allay informed that a certain rg could produce te kind of sloop and rest lo at the same time curing his sleep the musician that the drug (Propof} ly prescribed for use In medical surgery supervision ofa trained anesthesblogst ing the pulse of « paient under the 7 4 1g personally tothe musician at his hotel ‘coma and all efforts by Dr. Wiliam to tive and he suffered cardiac arrest and 9"§ dependant have consulted you seeking against Or. Willams and hybrid medical ‘The above quoiaon is an expression of opinion by Lord Goll in les Leather PLC (1964) 2 A to administer the drug after the musician ‘8 form consenting to its use. While SALT iy }oe SECTION B 3 “cli smote create ty, Seveotng contac inthe sea posh Nota. Me eon @ ae tof te gts Pats Atay (A hes ty fet acopey cet non doa eae ‘and the ney exabished Bakssi Deep Sea Pot as ce forwarding apes. The decors of Ld have wien or. ton abeut centision ad confit which he endeavor ha cause and requested him to change the name of his company. Mi. as refused to comply andere th requs. Acie ines fi, Mrs. Robinson eum Nn (Sill a M.A | Popular car in Calabar for a brand new 2015 model Hyndal, Jeep. Me, Ajah the ca, which he said was brand new, but i wa. t later discovered by Paul, Mrs. Robinson son that the car was not new ‘hat though t was» 2015 model pe, twas actualy oe ofthe cas Seine hee et ‘her Bishopric ordiition ceremony. Advise Mrs. Robinson. , 1M; Chiet lowe household from his home. One of fe ‘popular products from his enterprise is @ soap which he cals Ices. He) packages this soap in a green calloghane paper with pictures‘ of lean crisp cloths on both sides and the product enjoys huge patronage in the | ‘south east area of Nigeria. Shortly after his retiement fom the Ministry of Commerce and enlerrise where hy prodices step and oer detergents, He cat fe an ‘produced from his factory. Meceat ous th pictures of clean cisp clans ithe sides. Heer eet cemenced bana, Ciel ws ma bt ee Me i e's Gocy waved an has cased Yo adwie. What i the poston ofthe Law. i 4 Se. "Te tot of dec cont i feat ating awit a tien ustry in Imo stale, Mr. Osigwe stated a small scale | that he does so act and sufes harh in consequence" ~ Prof, Jon Saimond, . Comment on his asserton. 4 'b. Under what cieumstances may lence | ‘wth th intent tha th plan shal act rence on, and with th est Wite notes of ary te of te | Blogn . Aaja (1963) 2 AINLR _ EOnasanyav. Emmanuel (1974) Fi Basel v.Glaison (1687) ER |W. Gregeryv. Per (1826) 109 ER 220 147UNIVERSITY OF ¢ ONE IS COMPULSorY. known transportation com m Hummer Automobile Mus. a That the sensor denied Me is manually in the event of turbulence. henc report’ made public, prepare a that can provide a remedy for al Define the tort of Detinue and explain when a plaintiff ean maintain explain six of these available remedies. UESTION THREE: a t ‘Nigeria, the tort of trespass to chattel is made up of three types of torts, trespass to chattels per se; the tort of conversion of chatt List six examples of conversion and ex} WLESTION FOUR: ‘A. Elen Petroleum Company (Nig. Lid is an oi company engaged Calabar South. The paints who owned land ace ‘of road construction, the defendants had blocked and erted a natural stream, thus interfering seriously with the plaintiffs fishing rights; and the defendants had accumulated oil waste on land under their controi and that this ol had escaped on to the plaintiffs’ land and caused damage there With the aid of decided cases, adv re pl B. Eko Construction Ltd engages in the construction of roads and dri boreholes. In the course of sinking a borehole in a neighbourhood. vibrations emanating from the process caused damage tothe plaintiffs house, leading to its demolition iff om the success oF otherwise of « claim in nuisance, citing retevant eases, (1905)2 K.B. $97), ate on these fundamental differences, QUESTION SIX: ‘The main problem inthe law of nuisance isto strike a balance between the the defendant to use his land as he wishes, andthe right ofthe ‘be protected from interference with his enjoyment of land. te on the above assertion in the light of decisions of courts in the following cases: 's Smelting Co, v, Vanderpamt y. Mayfair Hotel Co, Tebite v. Nigeria Marine & Trading Co. Ltd ceaCTT Siemon, ar SECOND Sean COURSE CODE; PPL332 ESTER EXAMINATION 17 Mow ai ere I agen ee na Course Tate: aw OF TORT sections Basioy end is rr Ap INSTRUCTIONS: ANSWER TWO QUESTIO: Arikpo’s own driver . gparauce INS FROM EACH SECTION can 41. In an article publishes gold ere Mr Bassey made the folio 110 oor the stodents of the fcuk ef Tam = den : : Sint” He rpcated this statement eatly to's proge ae COTEPE: APEC the pleasoiries, offers (a drive het hore, but om the way he vest sere ‘Busey waote 8 ptiion tothe police making serious corruption Goring) aan geen Nehitl al ste sired. Advise Chon an Janet on clams eye hee five members of the LLB 3 class. Mr Okon was seen. subaenna, damages in the law of tort, Staion Casta, Wen reminded of the legal inpleatom se eee et ing) Bebaunde sols eoal land 40 Jegede. The title deeds iasued to Jegede the unapolgsially boned tha he had more than enough evidene te nabs genset tk 0 fo cya eu uae refered toa fife poet of stein Taig fact eto tnpdrncn, sore ovig axon witic eons snus race otic eteabe ce a ee ») Explain the ertical components ofthis legal remedy, itary. ‘hie on the lability of Babatwade under the i tort. (I)M. Ajsh ordered a brand 6). Mat tes cn val Me ey? Deg ‘ew Hons CRY 2020 made! from Broven Motors fr the wife of Wi pais far Chick D What of Sr Okon? Monet Baden) Bui, Coen y Bander $,The tort of deccit consis in the making ofa Wwilflly fase statement it the Hten that The plait shal actin reliance on it, anv with the result that he does act and sues arm in contequence "-—- per Lord Salmond. Commicit of the above statement highlighting dhe ingredients of this civil wrong, Maile ¥ Mason (ii) Stme the instances when sitence may. to deceit. fe SI Cflanntnn = ericpat | ~{ hamas omiment On the liability or otherwise of defendant in the following scenario: ) Makinde, defends rtpropricior of « newspaper maliciously and fal ili in nes , ticle that Adiguivplainiff, a bakery director has gone out of business and closed his bakery (ay 1 mounting debts and pressure from creditors. Adigun suffered serious loss after the ‘maintain legal action against the company? on : i erference, factors ‘ill ake (ii) Sylvester met Grace, the wife of Patrick at a party and became enamored by her, They: come ee ae Bi ‘haa pass deans Mon pe Slo oe ¥) matrimonial bome to live in a rented apartment paid for by Sylvester. ‘gota ‘) Can the company avail itself of some defences? i ene pelpae befeioranpies Ad 3a, Give the ‘nsiples established of Egbedi ¥ The *% causing his wife to leave him. 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Vise o annCOMPILED BY AFFIA, BLESSING ETIM VICE PRESIDENT LAWSAN UCC 2021/2022