Tort Law: ‘Recent decisions concerning vicarious liability were no doubt motivated by a desire to do justice, but have left the law in an unclear and unprincipled state Custom Paper

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1) ‘Recent decisions concerning vicarious liability were no doubt motivated by a desire to do justice,
but have left the law in an unclear and unprincipled state.�
Discuss. This is essay question
2) Marlon obtained planning permission to build a petrol station and garage on a plot of land that he
owned. He also displayed an exhibition of cars from the 1950s on the forecourt of the garage.
Sarah bought the garden centre next door.
Every Monday Craig, one of Sarah�s employees, used to burn the rubbish from the garden centre.
The smoke and soot from the bonfires frequently blew into Mary�s nearby garden ruining the
clean washing which Mary had left out to dry.
Sarah often sprayed her plants with an insecticide, and the wind sometimes carried this insecticide
over to Marlon�s garage. The insecticide is harmless to the paintwork of modern cars, but has a
gradually corrosive effect on the paintwork used on cars in the 1950s. This was not widely known
and was unknown to Sarah.
Angered by the effect on his cars, Marlon allowed his car wash to operate all night, disturbing
Sarah’s sleep and upsetting her pet dogs.
Oil from a tank in Marlon�s garage seeped into the soil. Marlon had not known when he bought
the land that there was a channel running under his garage, which carried the oil into Sarah’s
garden centre and killed a number of valuable plants.
Advise Marlon, Sarah and Mary of any claims which they might have in nuisance or under the rule in
Rylands v Fletcher.
Help information
Prosser on Torts 4th ed p571 :
��.there is perhaps no more impenetrable jungle in the entire law than that which surrounds the
word nuisance�.�
�Cases are infinite � difficult to discern general principles at work.
�Conceptual difficulty arises in role of negligence within nuisance.
�PRIVATE NUISANCE defined by Winfield and Jolowicz on Tort as �an unlawful interference with

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