Quelpr
2 marksTorts of Defamation, Trespass, and Nuisance

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

Harris, a farmer, installs a biogas plant and windmills on his property. Selvon and Naipaul complain of smell and noise causing a nuisance.

Explain to Selvon and Naipaul whether they qualify to bring an action against Harris in private nuisance.

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Other parts of this question

  1. 1(a)(ii)State TWO categories of private nuisance.[4 marks]
  2. 1(a)(iii)Briefly outline ONE decided case of private nuisance on which Selvon and Naipaul may rely.[4 marks]
  3. 1(b)(i)With reference to decided cases, advise Eddie whether he can succeed in a claim against Mervyn.[6 marks]
  4. 1(b)(ii)With reference to decided cases, explain to Mervyn his contractual liability, if any.[4 marks]
  5. 1(c)(i)Explain to Neville the nature of a tenancy-in-common.[6 marks]
  6. 1(c)(ii)Outline briefly what relief will be available from the Court, so that Elsa can assert her right.[4 marks]

More practice: the rest of this paper · more Torts of Defamation, Trespass, and Nuisance questions · all CAPE Law Unit 2 past papers