1. Gina retires to Surrey with the intention of running a smallholding producing sustainable foods. Gina locates a suitable property and brings chickens and a cockerel onto her land, allowing them to roam freely. In order to maintain her smallholding Gina keeps a variety of pesticides and chemicals stacked up against the boundary fence, which separates her property from her neighbour, Samuel’s property.
The pesticides have leaked through the boundary fence killing Samuel’s prize grown roses, growing on his side of the boundary fence, for the local village fete next week. The cockerel’s crowing disturbs Samuel throughout the day, Samuel has had enough of the noisy bird that he plays very loud ‘heavy rock’ music every time the cockerel crows.
2. Opposite Gina and Samuel’s properties is ShineBright Limited (“ShineBright”), a small company manufacturing low energy light bulbs. To meet increased business demand, Shinebright is redeveloping its premises. One evening eleven year old Claire from the local village is riding her bicycle pass ShineBright’s premises. Spotting a gap in the temporary barbed wire fence which surrounds the premises while building works are being carried out, she crawls through the gap to explore ShineBright. There is a small warning notice affixed at the top of the barbed wire fence that reads “Danger! Premises under construction. Keep out!” Claire falls down a staircase to the newly built basement and breaks her right leg.
Advise Gina, Samuel and Claire to their rights, if any, in the law of tort.
You can make assumptions where relevant but clearly state all assumptions made.
Legal principles to include appropriate Statue and case citations
Identify the area of law
Identify the principles of law
Find the facts
Apply the principles to the facts
Give advice
You need to consider which area in tort specifically needs to be addressed, eg. negligence etc and apply your answer to the facts of the question.
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