Tort Law Assessment LLB (Academic Year 2015-16)
Geoffrey, who lives in a suburban terraced house, decided to make some extra money breeding and then selling rabbits. He purchased four rabbits, two male, two female and began breeding them. Within fourteen weeks, Geoffrey had two hundred rabbits living in his back garden. Mavis, Geoffrey’snext-door neighbour, is suffering acute distress and sleep deprivation as a result of the noise due to their constant gnawing, chewing, and squeaking. Mavis is particularly distressed by the noise from the rabbits because she spent most of her life as a nun in an enclosed order in silent contemplation and prayer. The rabbits have eaten all of the grass in Geoffrey’s garden and the only way in which he can keep them fed is by purchasing trailer loads of grass from a nearby golf course. One day, whilst Geoffrey was bringing a trailer load of grass from the golf course to his house, he took a sharp bend whereupon the nearside wheel of his trailer mounted the footpath and ran over Tom’s foot. Geoffrey apologised to Tom, who was clearly injured, and called an ambulance for him. Tom was placed in the ambulance by the paramedics. Unfortunately, on the way to the hospital a live electricity cable fell onto the ambulance sending an 8000 volt surge of electricity through the ambulance. The overhead electricity cables were being repaired at the time by the Electricity Supply Authority when their engineers carelessly allowed one of the lines to fall. Since Tom was lying on a steel framed stretcher he suffered an electrical shock which caused his heart to stop. Tom was successfully revived by the two paramedics in the ambulance, but in the process they caused extensive damage to his rib cage and sternum. The injury to Tom’s sternum was the result of undiagnosed osteoporosis. At the hospital, due to an administrative mix-up Tom’s left kidney was removed. In the meantime, the rabbits escaped from Geoffrey’s garden and have eaten an entire lettuce crop belonging to Adam, Geoffrey’s other next-door neighbour.
Discuss the legal issues in tort arising in this situation.
Negligence: (losses, Trespass, Nuisance)
Cite relevant case law in support of your answer.
Do not use quotations from legal sources; rather summarise and paraphrase any such materials in your own words
Word limit: 1500 (strictly applied)
Bibliography and table of cases must be provided
Font: Times New Roman, 12 point, 1.5 spacing
The Oxford Standard for the Citation of Legal Authorities (Ireland) applies
Sources:
Eoin Quill,Torts in Ireland,(Gill&Macmillan Ltd)
John Tully , Tort law in Ireland (Clarus press)
3- B.McMahon,& W.Binchy , law of tort. ( Bloomsbury)
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