An explanation and understanding of the key rules and cases that are relevant to Jules. 

1. Demonstrate your knowledge by including relevant statutes and / or case law. Advise Jules on what rights both the residents of the flats and Randi would have if they wished to sue her.
2. An explanation to Jules of how the courts would apply the rules of the law of tort in order to establish liability in this case. Provide an analysis of any relevant case law and statutes that apply.
3. A description of any defences that could be used by the defendant who is being sued.

 

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Six months ago, a new block of flats was built on previously disused land which is close to Jules' gardening and landscaping business. Residents in the flats soon begin to complain about the noise and pollution coming from Jules' premises. particular, the drills and concrete mixers made a lot of noise. Also, the residents complain that the fumes from the equipment that use petrol fuel force them to keep windows closed. There is a football field on the other side of Jules' business premises and she knows that many local children walk through her car park as a short cut to the field. There used to be a solid wooden fence all around the premises but there has been recent storm damage to the fence, so there is nothing to stop the children entering the premises. There is one sign stating that the land is private, but no one has seen the sign for a while. Last month, Randi was walking through the car park of Jules' business to get to the football field, when one of Jules' employees, lan, knocked Randi down with a forklift truck. lan had just started to learn how to use the forklift truck and should have been supervised by Jules, but she had quickly popped into the office to answer an urgent telephone call. Jules had asked lan to stop the truck, but he did not hear her. Six months ago, a new block of flats was built on previously disused land which is close to Jules' gardening and landscaping business. Residents in the flats soon begin to complain about the noise and pollution coming from Jules' premises. particular, the drills and concrete mixers made a lot of noise. Also, the residents complain that the fumes from the equipment that use petrol fuel force them to keep windows closed. There is a football field on the other side of Jules' business premises and she knows that many local children walk through her car park as a short cut to the field. There used to be a solid wooden fence all around the premises but there has been recent storm damage to the fence, so there is nothing to stop the children entering the premises. There is one sign stating that the land is private, but no one has seen the sign for a while. Last month, Randi was walking through the car park of Jules' business to get to the football field, when one of Jules' employees, lan, knocked Randi down with a forklift truck. lan had just started to learn how to use the forklift truck and should have been supervised by Jules, but she had quickly popped into the office to answer an urgent telephone call. Jules had asked lan to stop the truck, but he did not hear her.

Answer rating: 100% (QA)

Jules could potentially be liable for several legal issues in this scenario including nuisance negligence and potential trespass to land Lets break do... View the full answer