Question 1 (30 marks)
(a)
Explain the concept of Damnum sine injuria and injuria sine damno as used
in liability insurance.
(10 marks)
(b)
Briefly discuss the following torts with respect to liability insurance, quoting
relevant cases where appropriate:
(i)
Negligence
(3 marks)
(ii)
Trespass
(3 marks)
(iii)
Strict liability
(4 marks)
(c)
Explain the criteria which courts adopt to assess whether the defendant was
in breach of the duty of care placed on them.
(10 marks)
Question 2 (20 marks)
(a)
‘A customs officer was passing in front of a warehouse when six bags of
sugar fell on him’. Discuss this statement with respect to the tort of
negligence, referring to the claimant’s position with respect to
‘res ipsa loquitor’
(10 marks)
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(b)
Using relevant examples, distinguish between a public and private nuisance.
(10 marks)
Question 3 (20 marks)
(a)
Briefly discuss the scope of cover of an employer’s liability insurance policy.
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