LAW OF TORT

  

Discuss the liability, if any, that might arise in respect of the following incidents:

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Zoe bought a house with a large garden in a rural farming area. She obtained planning permission to build an extension to manufacture organic herbal remedies in her home. In a short time, the sales of Zoe’s remedies reached a very high level and she employed five people to meet the demand for her products.

Gregory, who occupies the farm next to Zoe’s house, told Zoe that the chemical fumes from the solvent she uses for sterilising the manufacturing equipment have become unbearable, even with the windows closed. The doctor has told Gregory’s wife Siri that the recurring eye infections she is suffering are caused by the chemical fumes.

Zoe was indignant when Gregory made the complaint and refused to consider taking any action to reduce the problem. Zoe claimed that there is no scientific evidence to show that chemical fumes from the solvent cause harm and said that Siri’s eyes must be extra sensitive.

Although he knew it might annoy Zoe, Gregory went ahead with the rock concert he planned to hold in a field on his farm. He sold hundreds of tickets and the loud music and fireworks display from Gregory’s land kept all the villagers awake through the night. A large firework exploded, shattering the windows in Zoe’s house. The exploding firework also caused injury to Jimmy, one of the musicians playing on the stage, and injured Ngoze, a cyclist passing on the road outside Gregory’s farm.

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