CAPE 2005 SECTION A

MODULE 1: TORT

Answer this question.

1. Rasheed is the owner of 15 Bank Lane on which is located a building which houses
apartment. At lunch with his friend Dilip, Rasheed says that he is thinking of selling
the property and that he has an offer of $450 000.00. Dilip, who has always liked the
property, offers Rasheed $500 000.00. Rasheed says, No problem, consider it sold.

Before the contract is signed, Dilip sends his architect, Thomas, to inspect the
property. Thomas enters a darkened room in the basement, on the door of which is a
sign DANGER-DO NOT ENTER. He is injured in the room when he trips over the
broiler.

(a) Discuss the liability of Rasheed and Dilip for Thomas injury.

CAPE 2005 SECTION B

 Answer ONE question from EACH module.

MODULE 1: TORT

Answer ONE question.

2. Devon is out of a job and without any money. He writes a book entitled How to Win
at the Races Everytime. Devon makes a large amount of money from the sale of the
book through its wide circulation to the public.

Arthur a talk show host features the book on his show, including an interview with
Devon. Arthur places the book on his Top Ten List and recommends the formula
contained in it as foolproof.

Sasha who is facing foreclosure of her home, watches the show and goes out and buys
the book. After reading it she uses the $10 000 her mother lends her to stop the
foreclosure proceedings and places a bet at the race following the precision the
formula in Devons book. Sasha loses all her money and her house.

In fact, Devon knows very little about horse racing and the book is erroneous in many
aspects.
(a) Explain the elements of the tort of negligent misstatement. [10 marks]

(b) Does either Devon or Arthur owe a duty of care to Sasha?

Support your answer with well-reasoned arguments. [15 marks]

3. The difficulty with the tort nuisance is that there are a number of guidelines but no
hard and fast rules as to what constitutes a nuisance.

Discuss the statement, supporting your answer with the use of relevant illustrations.

Total 25 marks

4. Miss Anita, an old lady, is walking along the busiest highway in town. She the
attempts to cross the street. Marcus, who has been walking behind her, rushes up,
holds her hand in an effort to assist her to cross. Anita is startled and almost falls.
 Goodison, thinking that Marcus is attempting to mug the old lady, runs up to Marcus
and slaps in the face.

Constable Howard who is passing by asks Marcus to accompany him to the nearby
police station to sort things out. At the police station Marcus is asked to sit in a room
while Constable Howard goes to search for his superior. Marcus falls asleep not
knowing that Constable Howard had locked the door with the key to prevent him
from leaving.

Miss Anita arrives at the station an hour later and tells the police that it was all a
mistake and that the nice young gentleman was merely helping her to cross. Marcus is
released immediately.

Discuss, with reference to decided cases, the liability of Goodison and Constable
Howard for assault, battery and false imprisonment.

Total 25 marks

CAPE 2007 SECTION A

MODULE 1: TORT
 Answer this COMPULSORY question.

1. Kenyatta, the free holder of a one-storey building, granted a lease to Ruiz for seven years
to operate a restaurant, giving him permission to use the empty lot next door as a car
park. Kenyatta gave Ruiz permission to renovate the building and make the necessary
changes to accommodate the restaurant. Ruiz spent $25 000.00 to renovate the shop. He
then sublet the shop to Candice to operate the restaurant. Ruiz presented his bill to
Kenyatta who accepted it and wrote on it I.O.U.

When the first lease expired, Kenyatta offered to sell the property to Ruiz for $100
000.00 and refused to consider the $25 000.00 previously spent by Ruiz. Ruiz refused to
purchase the property. Kenyatta gave him notice to quit but he refused to move out of the
premises. One month later Kenyatta set up a pig farm next to the restaurant. Because of
the constant horrible odours coming from the pig farm, Candices customers stopped
coming to the restaurant and Candice lost thousands of dollars in business. Candice also
became ill from constantly inhaling the odours. Eventually she had to close down the
restaurant because all of her customers had stopped coming there.

Advise the following persons:

(a) Kenyatta on his liability in tort [10 marks]

CAPE 2007 SECTION B

Answer ONE question from EACH module.

MODULE 1: TORT
 Answer ONE question.

2. Rajendra and Petal, two law students, attended a party at the start of the academic year.
Rajendra consumed several alcoholic drinks. Petal was walking home when Rajendra
stopped and offered her a ride. At first she refused but because the road was dark, wet and
lonely she accepted. On the way to her flat Rajendra drove at high speed and as the road
was wet the car skidded and overturned. Petal was not wearing seatbelt and she was
thrown through the windscreen, sustaining major head injuries and a broken leg. Rajendra
sustained minor injuries. Willy, who was waiting across the road, was knocked down by
the skidding car and sustained broken limbs.

Advise Rajendra on his liability to Petal and Willy. [25 marks]

3. The Getwell Nursing Home is a private hospital that has both permanent nursing staff
and temporary nursing staff who are recruited from the Careful Nursing Agency when the
hospital is short staffed. The Agency pays a salary to its nurses and charges the hospital a
fee for its services. Ms Florgale is sent by the Agency to work at the hospital for one
week. One night Mr Lye, a patient, asks her for a double dose of his medication to help
him sleep. Ms Florgale tell him that she is not allowed to do so without the authority of
the doctor. Mr Lye untruthfully tells her that the doctor has said that he may have an extra
dose whenever he needs it and that the regular nurse has given him an extra tablet on
several occasion. Ms Florgale therefore gives him an extra dose which cause Mr Lye to
get a non-fatal heart attack.

Advise

(a)
Mr Lye
(b)
Careful Nursing Agency
(c)
Getwell Nursing Home
(d)
Ms florgale
On their rights [25 marks]
4. During the budget debate an opposition Member of Parliament in his speech said that it
had been brought to his attention that Mr Hilly Billy, Minister of the Environment, had
been paid thousands of dollars by the Neverduty Sanitation Company for awarding them
a million-dollar contract. Net day the headlines of the daily Maco newspaper were:
Government Minister Caught in Corruption.
 Minister Hilly Billy wishes to sue the opposition Member of Parliament and the
newspaper for defamatiom.

(a) Explain the elements of the tort of defamation that Minister Hilly Billy must satisfy to
succeed against the opposition Member of Parliament and the newspaper. [13 marks]

(b) Outline TWO defences that could be raised by the newpaper and ONE defence that
the opposition Member of Parliament might have. [12 marks]

Total 25
marks

CAPE 2008 SECTION A

MODULE 1: TORT

Answer this question

1. Examine the fact situations below and answer the questions that follow.
 a) Harris, a farmer, installs a biogas plant on his property. He also erects a number of
windmills to generate electricity. Selvon and Naipaul complain that the smell
from the biogas plant and the noise from the windmills constitute a nuisance.

(i) Explain to Selvon and Naipaul whether they qualify to bring an action
against Harris in private nuisance. [ 2 marks]
(ii) State TWO categories of private nuisance. [ 4 marks]
(iii) Briefly outline ONE decided case of private nuisance on which Selvon
and Naipal may rely. [ 4 marks]

CAPE 2008 SECTION B

Answer ONE question from EACH module

MODULE 1: TORT

Answer ONE question

 2. Wayward is employed as a driver by the OBAY Construction Company. It is a company
rule that only their employees may be transported in their vehicles. A notice displayed on
the dashboard of the companys truck states:

OBAY Construction Company employees only allowed in this truck. The company can
accept no liability towards any other persons riding in this vehicle.

While driving the company truck downtown, Wayward picks up his neighbor Fredo to
give him a ride uptown. On the way uptown, Wayward falls asleep and crashes into a
bridge at the side of the road. Fredo is thrown out of the truck and seriously injured. He
was not wearing the seat belt because he always felt trapped by seat belts. Wayward
escapes unhurt.

Advise Wayward and OBAY Company of their liability, if any, towards Fredo. Support
your answer with references to decided cases. [25 marks]

3. Strict liability in tort, for example, liability for dogs, is designed both to punish
offenders and compensate victims.

Discuss this statement with reference to decided cases and statute, where applicable.
[25
marks]

4. A newspaper in a Commonwealth Caribbean state publishes a picture of the car of Mr.

Goodieman, a prominent member of a religious organization, in front of a popular
downtown nightclub. The caption of the picture was Near to church, far from God. Mr.
Goodieman, in fact, went to the nightclub to speak to the owner about an urgent matter.
Mr. Goodieman wishes to sue the newspaper for the libel.

(a) Advise Mr. Goodieman as to whether a tort has been committed, outlining the
essential features of this tort. [13 marks]
(b) Explain TWO defenses available to the newspaper if Mr. Goodieman sues for libel.
[12 marks]

Total 25 marks

CAPE 2010 MODULE 1: TORT

Answer ONE question

1. While only a person with an interest in land can succeed in a claim for private nuisance,
the same is not true in a claim for public nuisance.

Assess this statement making reference to decided cases.

 Total 25 marks
2. (a) Write brief notes on malicious prosecution referring to at least ONE decided case.

[10 marks]
(b) Kevin, a clerk, is leaving the office one evening with a parcel containing some
personal effects which he collected from his cousin earlier that day. Donman, the security
guard, demands a search and, upon examining the contents of Kevins bag, accuses him
of stealing. He calls a policeman who, despite Kevins protests, takes Kevin to the police
station where he is held overnight and released next morning. The charge against him for
theft is subsequently dismissed by the magistrate.

Advise Kevin whether or not he can succeed in a claim against Donman and the
policeman. Give reasons for your answer. [15 marks]
Total 25 marks

CAPE 2011 MODULE 1: TORT

Answer ONE question

1. Randy, the schools messenger, is assigned a motorcycle to enable him to perform his
duties. On a rainy day, Randy is on a journey to the board chairmans office when he
diverts to pay his daughters school fees at the bank. He is riding into the banks
compound when he collides with and injures Martha who is rushing into the bank to get
out of the rain. The school denies liability for Marthas injury. Randy thinks this is unfair.
 With reference to decided cases, advise Randy as to his liability in Tort, explaining to him
whether or not the schools position is an acceptable one.
Total 25 marks

2. On the day before the countrys elections, the local newspaper publishes a feature article
with the heading This Day in History: Youth Caught in Massive Financial Scam. That
same afternoon, its editor repeats the story in a radio interview and says, Who the cap
fits, let him wear it. We stand by our story.

The story refers to an incident fifteen years ago in which Minister Mutt, representative
for the area, was alleged to have been involved. Minister Mutt is very upset and wants
to sue the newspaper for defamation.

(a) Explain the elements of the tort of defamation that Minister Mutt must satisfy in
order to succeed against the newspaper. [20 marks]
(b) Outline ONE defense that could be raised by the newspaper. [5 marks]
Total 25 marks

CAPE 2014 SECTION A

MODULE 1: TORT

Answer ONE question from this section.

EITHER

1. (a) Explain the term strict liability in Tort, using TWO examples to illustrate your
answer. [10 marks]

(b) Mr Orangos dog, a ferociuos pit bull, is usually tied during the day and released
at night. One day the dog bursts its chain and runs out of the gate as Mr Orangos
 car is driving out. The dog attacks and seriously injures Janine, a security worker,
who is on her way to work. The week before, while Mr Orango was walking the
dog in the park, it attacked and bit two children.

Advise Mr Orango of his liability on Tort, if any, to Janine. [15 marks]

Total 25 marks

OR

2. (a) With references to decided cases, explain the following:

(i) Assault
(ii) Battery [12marks]

(b) Adam sees ahead of him in the streets an individual who, from the rear, looks
remarkably like his former girlfriend, Barbara. He sneaks up behind the person,
taps the person on the shoulder, and tenderly kisses the person on the cheek. It is
not in fact Barbara, but, Calvin, who wears his hair in corn rows. Calvin screams
and throws a punch at Adam which misses. Adam runs off screaming. Calvin runs
behind him shouting, If I catch you, youll see

Advise the parties on any liability or claims they may have. [13 marks]

Total 25 marks