FE-1 Tort Law 2

Question 1

Under the Occupiers' Liability Act 1995 (Ireland), what duty is owed to a visitor?

Accepted Answer

The occupier owes a duty to take reasonable care for the visitor's safety in respect of dangers arising from the state of the premises or from activities carried out

Answer

The occupier owes absolute liability to all persons entering their premises

Answer

No duty is owed to visitors who are adults

Answer

The duty under the 1995 Act only applies to commercial premises

Question 2

What is the distinction between defamation per se and defamation per quod in Irish law under the Defamation Act 2009?

Accepted Answer

The Defamation Act 2009 abolished the per se/per quod distinction — all defamation requires proof that the statement was published to a third party, was defamatory, and referred to the plaintiff

Answer

Defamation per se requires proof of special damage while per quod does not

Answer

The 2009 Act only applies to internet publications

Answer

Defamation per se was abolished while per quod remains

Question 3

What is the tort of private nuisance and how is it established in Irish law?

Accepted Answer

An indirect interference with a person's use and enjoyment of their land that is unreasonable in the circumstances — balancing the severity, duration, and character of the neighbourhood

Answer

Any activity that disturbs a neighbour is a nuisance

Answer

Private nuisance requires proof of actual physical damage to land

Answer

The tort was abolished by the Environment (Miscellaneous Provisions) Act 2011

Question 4

Under the Statute of Limitations 1957 (as amended), what is the general limitation period for a personal injury claim in Ireland?

Accepted Answer

Two years from the date of accrual of the cause of action or the date of knowledge, whichever is later, under the Personal Injuries Assessment Board Act and amendments

Answer

Six years

Answer

One year

Answer

Four years

Question 5

What is Rylands v Fletcher [1868] liability and how has it been treated in Irish law?

Accepted Answer

Strict liability arises where a person brings onto their land something likely to do mischief if it escapes — if it escapes and causes damage, they are liable without proof of negligence, though its application is narrow in Ireland

Answer

Rylands v Fletcher was rejected by Irish courts and has no application in Ireland

Answer

The rule applies to all activities on land without restriction

Answer

Rylands v Fletcher only applies to water escaping from land

Question 6

What is the 'eggshell skull' rule in Irish tort law?

Accepted Answer

A defendant must take their victim as they find them — if the plaintiff has a pre-existing vulnerability that causes unusually severe damage from the breach, the defendant is fully liable for all resulting harm

Answer

Liability is limited to damage a normal person would have suffered

Answer

The rule applies only to psychiatric injury claims

Answer

A defendant is not liable for damage they could not have foreseen