1. Foundation Law 2013/14
Seminar 11
Law of Torts (2)
Reading List:
Jacqueline Martin, “GCSE Law”, 5th
edition, Chapter 19- Law of tort: trespass and nuisance
Jacqueline Martin, “GCSE Law”, 5th
edition, Chapter 39- Human Rights: Freedom of
expression (esp. Defamation-pages 310-315)
Jacqueline Martin, “GCSE Law”, 5th
edition, Chapter 20- Law of tort: general defences and
remedies
Cases:
• Collins v Wilcock (1984)
• Meering v Grahame-White Aviation Co (1919)
• Kelson v Imperial Tobacco Co Ltd (1957)
• Woollerton and Wilson v Costain (1970)
• Lord Bernstein of Leigh v Skyviews and General Ltd (1977)
• Bolton v Stone (1951)
• Monson v Tussauds Ltd (1894)
• Sim v Stetch (1936)
Seminar Questions:
1. Alex and Marta were having a business meeting to discuss allegations that Marta had
withdrawn money from the business bank account without Alex’s approval. During the
meeting, which lasted over two hours, Alex had left the room to attend a phone call and
warned Marta that “if she dared to leave the room she would be even more trouble than
she was already in”.
Turn Over
1
Learning Outcomes:
 Describe other civil wrongs besides negligence and explain both how they differ and when/why they
will not be treated as crimes;
 Outline the general defences and remedies in tort;
 Apply legal principles to given facts and demonstrate criticality & analysis when answering fact
based questions; and
 Analyse case law and be able to apply case law in a persuasive manner to hypothetical case studies.

2. Foundation Law 2013/14
Alex didn’t return back to the meeting room for 45 minutes, during which time Marta,
who was left terrified by Alex’s intimidating gestures and interrogation of the matter, had
wet herself. She believed that Alex had locked the room has he left and that she could not
leave to use the toilet.
Can Marta bring a claim against Alex-if so, on what grounds and what would she
have to prove?
2. Tom has put up an enormous billboard on the rooftop of his restaurant, which projects a
shadow onto Jerry’s rooftop garden.
Tom refuses to remove the billboard as he says it’s fixed to his building but Jerry thinks
it’s a nuisance and wants to have the billboard removed.
On what grounds can Jerry bring an action against Tom and what remedy would he
be seeking?
3. Rita notices a brand new Bugatti Veyron parked outside Ricky’s house and decides to
take a look inside the car and take selfies of herself, posing near the car. Except for the
pictures that Rita has taken, she has caused no damage to the car.
Can Ricky bring an action against Rita under the law of torts?
4. Lucky, a well renowned boxer has sought your advice concerning an article that was
recently published in The Celebrity World Magazine. The article was headed “Boxer:
Lucky in the game but unLucky in reputation” and read that an “unnamed celebrity” was
recently seen mocking female competitors at a women’s boxing competition. That he was
heard shouting comments such as, “spice girls go home!” and “this is a man’s game!”
The publication of this article has resulted in all Lucky’s sponsorships being withdrawn
and a local women’s equality in sports campaign group holding a protest outside his
house.
Lucky denies the allegations and believes this is a set up to lower his growing popularity.
Can Lucky bring an action against the magazine-if so, on what grounds and what
will he need to prove?
Flow chart for defamation1
:
1
Flow chart taken from Jacqueline Martin, “GCSE Law”, 5th
edition-“Figure 39.1 Flow chart for defamation”, at
page 313
2

3. Foundation Law 2013/14
No
Yes
No
Yes
No
Yes
No
Yes
But
Yes
No
3
Did the statement
refer to the
claimant?
Would the statement
have lowered the
claimant in the eyes of
right thinking people?
Was the statement
published?
Was the statement
untrue?
Not
Defamation
Not
Defamation
Not
Defamation
Defamation
Not
Defamation
Can the defendant claim
justification, privilege or
fair comment?
Claimant will NOT
win case
The claimant will win
case of defamation