Page 908 - SUBSEC October 2017_Neat

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SECTION A

MODULE 1: LAW OF TORT

This question is compulsory.

1. John bought a house in a very quiet part of town called Greenland Park and lives there with DO NOT WRITE IN THIS AREA
his mother, Janet. Last summer, the house next door was sold and the new owner, Chingtung
Restaurant, hires a band which plays loud music every night into the wee hours of the morning.
Several complaints made to the restaurant owner have been ignored. Janet and John approach
you for legal advice regarding this problem.

(a) (i) Identify the tort relevant to this question. Give ONE reason for your answer.

[3 marks]

(ii) Who can bring the action in tort? Give ONE reason for your answer supported
by ONE decided case.
[3 marks]

(b) Identify TWO parties that can be sued in this action. Give ONE reason for EACH of the DO NOT WRITE IN THIS AREA
TWO parties in your answer.
[4 marks]

(c) With reference to TWO decided cases, advise Janet and John on THREE factors that the
court would take into consideration in determining liability in this matter.
[15 marks]

Total 25 marks
DO NOT WRITE IN THIS AREA

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