Questions and Answers
What was the outcome of the claim in the Staples case?
In what situation will an occupier be held liable for harm caused by an independent contractor?
What is the responsibility of an occupier when hiring an independent contractor to perform a task?
What is the definition of a trespasser according to Robert Addie & Sons (Collieries) Ltd v Dumbreck?
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What is the primary purpose of a Mareva injunction?
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What was the outcome of the claim in the Young v Kent County Council case?
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In which type of case is a Quia Timet injunction often used?
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What is the duty of an occupier when hiring an independent contractor to perform a task?
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What is the key difference between an Interim injunction and a Final injunction?
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In what situation will an occupier not be held liable for harm caused by an independent contractor?
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What is the purpose of an Anton Piller injunction?
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What is the responsibility of a claimant in relation to hazards?
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What is the significance of the Woodward v Mayor of Hastings case?
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When is a Quia Timet injunction likely to be granted?
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What is the prerequisite for granting a Quia Timet injunction?
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What is the key characteristic of a Final injunction?
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What is the main difference between an Anton Piller injunction and a Mareva injunction?
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When is an Interim injunction likely to be granted?
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What is the primary purpose of an interim injunction?
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What is the primary purpose of an interlocutory injunction?
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What is the key feature of an interim injunction?
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When is a permanent injunction typically ordered?
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What is the test used to determine whether an interim injunction should be granted?
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What is the primary characteristic of a mandatory injunction?
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What is the first part of the American Cyanamid test?
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What was the outcome of the appeal in the Redland Bricks Ltd v Morris case?
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What is the second part of the American Cyanamid test?
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Why would a claimant argue that the court should grant an interim injunction?
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What is a common scenario in which an ex parte basis is used to request an interim injunction?
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Why would a defendant argue against the granting of an interim injunction?
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What is the primary reason why the court may not grant a mandatory injunction?
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What is the main difference between an interlocutory injunction and a permanent injunction?
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In what type of cases are interim injunctions often used?
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What is the outcome of the American Cyanamid case?
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What is the outcome of a mandatory injunction in the Redland Bricks Ltd v Morris case?
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What is the relationship between the parties in the Redland Bricks Ltd v Morris case?
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What is the primary distinction between a lawful visitor and a special visitor in the context of occupier's liability?
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Which of the following is a defence against a claim of occupier's liability?
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In the context of vicarious liability, what is the significance of the 'control test'?
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What is the primary requirement for establishing strict liability?
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Which of the following is a defence against a claim of strict liability?
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What is the key distinction between private nuisance and public nuisance?
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What is the primary purpose of an injunction in the context of nuisance?
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What is the significance of the 'exemplary damages' in the context of remedies?
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Which of the following is an example of an extra-judicial remedy?
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Study Notes
Occupier's Liability
- Definition: Occupier's duty and liability towards visitors, whether invited or uninvited, whose presence is lawful or unlawful, who suffer injury during the course of their visit.
- Test: Occupiers are expected to use their own common sense to self-warn of a hazard.
- Independent Contractors:
- Situations where an occupier will be held liable for harm caused by an independent contractor:
- Where it was unreasonable to entrust the work to an independent contractor in the first place.
- Where the occupier failed to take reasonable steps to ensure the independent contractor was competent.
- Where the occupier has failed to take reasonable steps to check the work of an independent contractor.
- Situations where an occupier will be held liable for harm caused by an independent contractor:
- Trespassers:
- Definition: Someone who goes on the land without invitation of any sort and whose presence is either unknown to the proprietor or, if known, is practically objected to.
- Case: Robert Addie & Sons (Collieries) Ltd v Dumbreck AC 358.
- Case: Young v Kent County Council EWHC 1342.
Vicarious Liability
- Definition: [Not provided in the text]
- Requirements:
- Establishing a tortious act.
- Relationship of control:
- Employee vs Independent Contractor.
- COS (Control Organisation and Supervision) vs CFS (Control Financial Supervision).
- The Control Test.
- The Organisation Test.
- The Economic Reality Test.
- Tortious act must be in the course of employment.
Strict Liability
- Definition: [Not provided in the text]
- Elements:
- Dangerous things likely to cause damage if it escapes.
- Intentional storage/accumulation by defendant.
- The thing escapes (and causes damage to the plaintiff).
- Non-natural use of the land.
- The damage is foreseeable.
- Position in Malaysia: [Not provided in the text]
- Defences:
- Consent of the plaintiff.
- Common benefit.
- Act of a third party.
- Act of God.
- The plaintiff's default.
- Statutory authority.
Nuisance
- Private Nuisance:
- Definition: [Not provided in the text]
- Elements:
- Substantial interference.
- Unreasonableness.
- Location of plaintiff's premise and defendant's premise.
- Public benefit of the defendant's activities.
- Interference must be continuous.
- Extraordinary sensitivity of the plaintiff.
- Malice - bad intention of the defendant.
- Public Nuisance:
- Definition: [Not provided in the text]
- Difference between Public and Private Nuisance: [Not provided in the text]
Remedies
- Definition: [Not provided in the text]
- Judicial Remedies:
- Damages:
- Contemptuous damages.
- Nominal damages.
- Aggravated damages.
- Exemplary damages.
- Injunction:
- Interim injunction.
- Interlocutory injunction.
- Permanent injunction.
- Mandatory injunction.
- Prohibitory injunction.
- Mareva injunction.
- Anton Piller injunction.
- Specific restitution of property.
- Damages:
- Extra-Judicial Remedies:
- Expulsion of trespasser.
- Re-entry of land.
- Re-capture of goods.
- Abatement.
- Distress damage feasant.
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Test your knowledge of the law of tort, focusing on occupier's liability and vicarious liability, including definitions, tests, and defences.