Devina has owned the house next door to Caf Paris for three years. The owner of the
Question:
Devina has owned the house next door to Café Paris for three years. The owner of the Café, Aoife, assured Devina that the building work would only take six weeks. Aoife is a sole trader and has been trying to get the builders to complete the work for the last six months; unfortunately the work is only half completed. The builders arrive at 7am each morning and finish around 8pm six days a week. The constant noise is making Devina ill and the dust is aggravating her asthma and has killed her prize roses which she has cultivated and named 'A Whiter Shade of Pale'. She was due to show these roses at an annual flower show which takes place in two weeks. Devina has spoken to Aoife about the noise and dust on several occasions. She recently wrote to Aoife and expressed her concerns over the noise and dust. She asks Aoife to telephone and discuss the matter. Aoife receives the letter and telephones Devina. Aoife informs Devina there is nothing she can do about the noise or dust and the work will be finished in three months and puts the phone down. Devina is mortified. She goes to see Aoife but Café Paris is closed. Devina goes around to the back of the Café but finds the garden gate locked. There is a sign on the gate which states: 'Private property. No access to the general public.' Devina is so annoyed with Aoife that she climbs over the gate and gains access to the garden. As Devina is making her way to the back door of the Café she trips over a pile of bricks, falls and breaks her ankle. Aoife hears Devina's scream, finds her and calls an ambulance.
Discuss the claims in tort that Devina may be able to make using case law to support your answer