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Selma visited the firm yesterday to request advice. Yesterday she parked her car in
front her neighbours house. She was not obstructing any driveways and there was
certainly nothing to prevent her from parking there. The following day Selma
observed that a wheel clamp had been placed on her car. It was accompanied with a
note which stated that the wheel clamp would only be removed on the condition that
she did not park there again. Selma also believes that her neighbour has stolen plants
from her garden and put rubbish on her land. Prepare a report on the relevant legal
issues for your senior partner
Discuss the tortious liability of Selma's neighbour considering in particular the
offences of trespass.
Mr Mohammed if also requesting advice. He recently bought a house and was
informed by the surveyor that it was structurally sound. It now transpires that the
house is subsiding. Mr. Mohamed purchased the house without the aid of a mortgage
so he personally instructed the surveyor. Write a letter to Mr. Mohammed making
sure it includes consideration of the following points.
(a) Could Mr. Mohammed claim for negligence?
(b) Is there any other area of law other than tort at which he can make a claim? If so
advise which course of action he should take providing reasons for your answer.

Answer: TASK 1
Below I have compiled a report outlining legal issues on Selma circumstances. Discussing the
tortious liability and particularly on the offence of trespass and nuisances.
What is a tort?
A tort is a civil wrong, the definition which is quoted by Winfield on what is a tort:
“Tortious liability arises from the breach of a duty primarily fixed by law; such duty is
towards persons generally and its breach is redressible by an action for unliquidated
Trespass to goods:
Trespass to goods is actionable per sei, the goods need not be damaged, nor does the claimant
have to be permanently deprived of them, merely moving or touching them may suffice.
A tort of trespass to goods will be committed if:
1. Directly interfered with goods
2. They did so intentionally or carelessly
3. Has no lawful justification or excuse for acting as they did
Directly i...(short extract)

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  • Subject: Law
  • Course: Tort Law
  • Level: Degree
  • Year: 2nd/3rd
  • Mark: 83%
  • Words: 2282
  • Date submitted: April 18, 2009
  • Date written: January, 2008
  • References: Yes
  • Document type: Essay*
  • Essay ID: 1457

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