FLK 1 - Tort Law

In Employers Liability, what are the two methods of an employee’s disobedience to instructions?

1. A prohibition may limit the manner for which employment is to be carried out - still liable

2. Limitation of scope - will not be liable

In occupiers liability, when does a landlord cease to be the occupier?

When a tenant comes in

BUT if parts of the premises have been excluded from the lease or tenancy, the landlord may retain control, eg a staircase

Which damage is covered in public nuisance?

Property damage and personal injury

What is the difference between trespass to land and nuisance?

Trespass to land - intentional and direct interference with claimants possession of land

Nuisance - indirect damage/interference

Example - planting a tree is trespass but the roots of the tree growing into C’s land is nuisance