THE UNIVERSITY OF THE WEST INDIES
EXAMINATIONS OF
APRIL/MAY
2009
CODE AND NAME OF COURSE: LAW1310 - LAW OF TORTS I
DATE AND
TIME:
Thursday, April 30, 2009
1-3:OOpm
DURATION:
2
HOURS
INSTRUCTIONS TO CANDIDATES: This paper has 2 pages and 6 questions.
Answer
THREE
(3) questions.
Answers may be confined to the law of any jurisdiction in the
Commonwealth Caribbean unless the context indicates otherwise.
1.
"Nuisance by noise, smell, smoke etc. is something to which no absolute standard can be applied.
It is always a matter of degree whether the interference is so unreasonable as to constitute a
nuisance."
Discuss.
2.
"The Wagon Mound test of damage fails in several significant respects to alter the test of direct
consequences previously formulated."
Critically discuss this proposition.
3.
In Venessa's garden, there stands a rusty oil tank filled with oil for her old truck. This tank
suddenly develops a leak and the oil goes onto the path leading to the house of her neighbour,
Bartlett, and also onto his rosebed, killing the roses. Bartlett attempts to clean up the path but
leaves a thin film of oil which is very difficult to see.
He therefore puts up a notice at the entrance to his property - "Be careful - Watch your step".
Kimberly, the postwoman, slips on the path and is injured. Later, Russell, an appliance salesman,
who has been told never to come to the house again, also falls and is injured while approaching the
house in order to canvass for a sale of a set of encyclopedias.
Advise Bartlett.
PLEASE TURN OVER
The University of the West Indies
