long period of time causes flooding
Referencing Styles : Chicago Exceptionally heavy rain over a long period of time causes flooding in a region of England. This results in the run-off of agricultural chemicals and pesticides from land belonging to Giles, who farms in the region. As a result, a local river and surrounding land is polluted. Flooding from Giles land also causes a large quantity of diesel fuel from rusty and leaking tanks on his farm to be dispersed into the surrounding area. Giles faces the following claims for compensation from: (a) residents of a nearby housing estate. They are claiming for damage to plants and trees in their gardens and to their houses caused by the pesticides, chemicals and diesel fuel in the flood water; (b) the owner of The Anglers Arms, a public house near the river, for loss of revenue. Most of the customers at the public house are anglers, and their numbers have declined sharply since the river was polluted. Giles says that none of this is his fault as he cannot control the weather and, in any event, he has been farming the land for 35 years, while the housing estate was developed only five years ago. He says that the residents knew his farm was there and should have bought houses somewhere else if they did not like living in the countryside. Discuss the extent to which, if at all, Giles is liable for each of the two types of claims made against him. Your answer should identify the torts that Giles may have committed and include a brief explanation of what the claimants would need to prove for each of the torts you have identified. Six marks are allocated for the discussion relating to the residents of the housing estate and four marks for the owner of the Anglers Arms for loss of revenue. (10) Question 2 Learning outcome 4 (10 marks) Charlene who is 19 years old enters a televised talent competition which is to be shown live every Saturday night for ten weeks. The final round of the competition is due to take place in London on Saturday the 10 December and Charlene books six rooms in a London hotel for that one night for family members who are fans of the competition and want to see her live performance. She agrees the room rates by telephone, but nothing is put in writing between her and the hotel. When Charlene is eliminated from the competition on the 3 December, she telephones the hotel to cancel the booking. She explains that circumstances have changed and the rooms are no longer required. The hotel states, that in accordance with its standard terms and conditions, she will have to pay in full for each room if she cancels them, and suggests that she and her family can still have a night out in London. The hotel e-mails its terms and conditions to Charlene after the telephone call. Charlenes family refuses to pay for the rooms, arguing that it was just a family arrangement that they would support her performance. They say there was no contract between themselves and either Charlene or the hotel. Discuss Charlene and her familys legal obligations towards each other and the hotel, and explain how compensation, if any, is likely to be calculated. Refer to relevant case law where appropriate. (10) Assignment Assignment Question 3 Learning outcome 5 (10 marks) Kelly, a famous model who lives in London, asks John, the proprietor of her local garage, to find a vintage Rolls-Royce car for her, saying that she wants something very special and rare to be seen in. She has asked John to find cars for her on a number of previous occasions and has always rewarded him with a cash sum amounting to about 10% of the value of the car. John eventually locates a very suitable Rolls-Royce car for sale at a garage owned by Edward in Edinburgh, Scotland. He takes the train up to Edinburgh and agrees to buy the car for 100,000. He does not tell Edward that he is buying the car for Kelly, because he thinks that Edward would ask for more than 100,000 if he knew who the purchaser was. Edward and John have often done business together and so it is agreed that John will pay the 100,000 purchase price by the end of the week. Johns own insurance does not cover vehicles of this type so he arranges insurance on the car in the name of Kelly (with himself as a temporary named driver) with a specialist motor insurer. He then has the car serviced at a local Rolls-Royce dealer and drives it back to London the next day. When John arrives in London, Kelly refuses to pay for the car. She has just lost her contract with a modelling agency and is short of money. She also refuses to pay Johns train fare and other expenses, the price of the insurance, and the servicing charges, saying that nothing was put in writing and John had no authority to incur these costs on her behalf. She also refuses to give John any commission, saying that this was never agreed either. Discuss whether: a) Edward can legally enforce the sale of the car against either John or Kelly, should he attempt to do so; (5) b) John can legally enforce the claim for his expenses, the insurance and servicing charges and his commission against Kelly. (5) Question 4 Learning outcome 6 (30 marks) (a) Andrea, a very wealthy business woman, wishes to arrange the following insurance policies in her own name: 1) a policy covering a diamond ring, that Andrea found in the street, the owner of which is yet to be traced; 2) a policy on the life of her eldest daughter, Jen, who is to take over the family business when she leaves university; 3) a temporary policy on a Ferrari car owned by George, a business partner. The Ferrari is worth 150,000 and Andrea is looking after it while George is on holiday; 4) a policy on the life of Gavin, her part-time gardener for many years; 5) a policy on the life of Freda, the high-earning wife of a business associate, Gerald. Andrea owes Gerald 800,000 but Gerald has promised not to ask for the money as long as Freda is alive to support him. Discuss in each case whether the insurance contract is likely to be valid under English law, giving reasons for your answers. (15) (b) Ned successfully applies for a job at a branch of WXY, a major supermarket group with hundreds of branches throughout the UK. Ned is a habitual criminal who is frequently in trouble with the police and who has spent some time in prison. He did not disclose this when applying for the job, which he did under a false name. Most of Neds fellow employees know about his past, but the Branch Manager, who employed him, does not. Two months after starting employment, Ned and some of his associates steal large quantities of electrical goods from the branch. The insurers of WXY refuse to pay the theft claim saying there has been a breach of good faith on the part of WXY. They argue that Neds criminal past was well known and should have been disclosed to them. They also state that they will retrospectively rescind the cover on this branch of the group, (in case any more losses caused by Ned come to light), but not cancel the whole policy, which covers all UK branches. WXYs management argue that the insurers should pay, pointing out that the group employs tens of thousands of people and it is impossible to know everything about all of them. Discuss whether or not the insurers are entitled to reject the claim and rescind cover on the branch. Your discussion should include an explanation of the key legal issues involved.