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2 marksNegligence and Specific Liabilities

CAPE Law Unit 2 · 2008 · Paper 2 · Question 1(a)(i)

Steve, a gardener at a guest house called 'At Home', burns leaves in a dumpster with Adam's assistance. Wind causes burning leaves to blow next door, setting fire to a neighbour's dog-house and fruit trees.

Identify which parties would be held liable for the damage caused to the neighbour's premises.

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Other parts of this question

  1. 1(a)(ii)Using relevant case law, explain the legal basis for the liability of each party identified in (a)(i).[8 marks]
  2. 1(b)With reference to decided cases, explain to the management the extent to which they can rely on the 'No refund' exclusion clause.[10 marks]
  3. 1(c)(i)With reference to decided cases, identify and explain the legal basis of Ruth's claim to entitlement to the property as a joint tenant with Noah.[6 marks]
  4. 1(c)(ii)Comment on the likelihood of Ruth succeeding in her claim, referring to decided cases.[4 marks]

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