Land Law: Easements

Easements An Easement is a right to use somebody else's land. There are several kinds of Easements that exist, which can either be positive or negative Easements. The most common types of Easement are a right of way over somebody's land, a right to park on somebody's land , the rights to drainage and light.... Continue Reading →

Law of Tort: Breach of Duty

Breach of Duty: The Reasonable Person Relationship to Negligence The first step in any Negligence based claim in tort is to establish a duty of care. This issue is tackled in another blog post. This post concentrates on laying the legal groundwork for a claim. After a duty is owed, it must be breached in... Continue Reading →

Law of Tort: Public Nuisance

Public Nuisance Public Nuisance is primarily a criminal offence, which is how most claims come to court. However, Public Nuisance is also a tort. The essence of public nuisance is that it protects the health, safety, convenience and morals of the public. An example of this is a member of Fathers for Justice climbing a crane, which then... Continue Reading →

Law of Tort: Private Nuisance

Private Nuisance Private Nuisance is a land based tort, which means that it is not concerned with damage to a person. Private Nuisance can be simply defined as something that interferes with the ordinary use of the land, and affects the enjoyment of the land. The key principles that characterise a Private Nuisance are protecting... Continue Reading →

Land Law: Leasehold Covenants

Leasehold Covenants Leasehold Covenants – A clause in a lease specifying certain obligations on the part of either party. Express Covenants – Terms that are expressly stated in a lease Implied Covenants – Terms that are implied into a lease by the lae Landlord’s Covenants – Clauses in a lease specifying the obligations of the... Continue Reading →

Law of Tort: Duty of Care (Economic Loss)

Economic Loss The rules regarding Economic Loss are separate from general negligence because the pool of potential claims could potentially be limitless. If a careless driver crashes through a support on a bridge leading to the bridge collapsing, this may cause delays. Lets imagine somebody was enroute to a job interview, but because the bridge... Continue Reading →

Law of Tort: Duty of Care (Omissions)

Law of Tort: Omissions In simple terms an Omission is failing to take action when there is a responsibility that action should be taken. At Common law there is no liability imposed on pure Omissions, which means that you cannot be held legally liable if you encounter somebody drowning or involved in a car crash,... Continue Reading →

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