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In which circumstances can the `public interest` justify the publication of private information and are these circumstances define

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In which circumstances can the `public interest` justify the publication of private information and are these circumstances defined too narrowly by the courts?

Essay Question (1). In which circumstances can the `public interest` justify the publication of private information and are these circumstances defined too narrowly by the courts?. Refer to; N Capmbell v MGN (2004). Essay Question (2), Should the `loss of a chance` doctrine in tort of negligence be abolished? Demonstrate that you understand arguments concerning loss of a chance per Hotson, especially in light of the two recent Supreme Court decisions.Note also the approach to questions of causation taken in McGhee, Wilsher and Fairchild in particular. Problem Question (3), Hilary, aged 18, often looks her young brother , Terry , whilst their parents work late shifts. Terry is just 12 years old. Hilary`s boyfriend, Alan , arrived one evening, evidently under the influence of drink or drugs, and informed Hilary that he had taken a car from an unattended car showroom nearby.The car keys had been left in the ignition. Alan cajoled Hilary until she reluctantly agreed to go for a drive with him. Terry accompanied them because he was too young to be left alone in the house. Alan told Hilary that he had a full driving license, but that was not true- he was in fact, a learner driver. Shortly after they set off, Terry realized that a police car was following close behind , and urged Alan to drive faster. Alan increased his speed, swerved and drove into a tree. Alan was uninjured but Hilary, who was in the passenger seat and was not wearing a seat belt, was seriously injured, suffering permanent damage to her spine. Terry panicked and tried to run away but was knocked down and seriously injured by the police car, which was going at high speed on what was a very quiet road. Advice all parties as to their rights and liabilities in tort. Apply the case`,Duty of care; Donoghue, Caparo and Anns. Caparo test is very relevant.Each element of the Caparo test MUST be systematically applied to problem scenarios. Pay attention to the application of the specific elements of the test, especially proximity and just, fair and reasonableness. Demonstrate understanding of Proximity and nervous shock (psychological injury) When giving advice,remember to divide potential claimants into primary and secondary victims. Page v Smith governs primary victims, Alcock, secondary victims do not confuse the two.Before answering ,Diagnose if there was injury or loss..., was there any damage? who suffered most? Traumatic injury...who caused the damage?How to structure your answer... Always "Cross Reference" , "Alan had committed tort " Terry against the Police=........etc. Problem Question (4), Jane enjoyed a successful career as a gymnast until 2 years ago when she was involved in a car accident. Jane was not seriously injured in the accident but suffered from organic depression as a result. In the last year, Jane`s health improved and she began to take part in competitive event`s . Last month she attended the London Gymnasts Excellence awards- during which all individuals shortlisted for awards were required to demonstrate their skills to a live audience.Almost as soon as Jane begun her performance on the trampoline, she and the members of the audience heard a loud `bang`. Immediately audience members in the front row rushed in the direction of the stage where Jane stood petrified . Jane feared she would be injured by the crowd. Happily, Jane`s fears were misplaced but the trauma of the experience resulted in a recurrence of her depressive state . It later transpired that a fourteen year old boy (Sam) had burst a very large balloon, and his actions accounted for the sudden noise . Sam was very badly injured as he was crushed against a wall by the moving crowd. Sam was attended by a paramedic , who by some odd twist of fate turned out to be his father, Jason. Jason suffered post- traumatic stress after seeing Sam injured , and after rescuing several other members of the audience. The ceremony was relayed on live television and Tania , Sam`s elderly grandmother, suffered shock on seeing footage of the crowd surging towards the stage. Advice all parties of their rights and obligations in tort. Apply the relevant cases. Question (5), ... What is tort law? (5a). How does the legality test works?. (5b) What is causation? (5c) What is Vicarious Liability? (5d) What is the tort of negligence? 


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  • Title: In which circumstances can the `public interest` justify the publication of private information and are these circumstances defined too narrowly by the courts?
  • Price: £ 89
  • Post Date: 2018-11-10T10:37:12+00:00
  • Category: Assignment
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