LAW 323 MARCH/APRIL 2015 EXAMINATION

                                                     

                                                             National Open University of Nigeria

                                                      14-16 Ahmadu Bello Way, Victoria Island Lagos 

                                                                         SCHOOL OF LAW

                                                                MARCH/APRIL 2015 EXAMINATION

COURSE CODE: LAW 323

COURSE TITLE: LAW OF TORT 1

TIME ALLOWED: 3 HOURS

INSTRUCTION: ANSWER QUESTION 1 AND ANY OTHER THREE QUESTIONS

1. It is believed that the concept of the law of tort is complex and difficult to define, and according to 

KEETON, the law of tort is said to be interlocked with other areas of law. Notwithstanding this 

assertion it is certainly not devoid of its own outstanding objective. Discuss 

2. Pauline and her husband reside in the riverine   area of ogwasuku village. They had lived a quiet

and peaceful life until this very day when a mallam balami led his flock for grazing towards Pauline’s

residence and the flock entered their compound, destroyed all the flowers and vegetation. While the 

heinous act was going on Pauline walked in and saw the offensive act and raised an alarm and before 

the neighbors could come over, mallam balami had started beating up Pauline but the neighbors 

succeeded in rescuing the situation. Pauline reported the case to bar.UGOEGO who made a petition 

to area Z police division on allegation to trespass and assault and also was preparing to file a civil suit 

at the high court of the state for an action in trespass and assault in other to get remedy for damaged 

done to the compound and injury sustained by Pauline. The DPO Mr. BLOCKHEAD restrained Bar, 

UGOEGO from maintaining a suit in civil action on the ground that the offence of mallam balami 

constitute both civil and criminal nature and until the criminal case is tried and dispensed with, he 

will not be entitled to maintain the civil action Advice the parties as to their rights and educate hem 

on the position of the law in his regard 

3. Write short notes on the following

a. torts protecting Economic interest

b.torts protecting personal interest

c. torts protecting property interest

d. torts protecting interest in reputation

e. torts prohibiting interference with relationships

g. difference of tort an contract

h. difference of tort and breach of trust

4. MADAM OMO OLOJA is a popular trader in idumota who specialize in selling household utensils 

and patronage has gone beyond limitation of any sort. She had enjoyed monopoly of trade until the 

coming of OGBENI OLOGBONLA, OGBENI OLOGBONLA heard about the huge profit that 

MADAM OMO OLOJA commands, and having enough resources has an industrious bussines man 

who is alwsys in pursuit of profit he opened an outlet for sales of household utensils at the heart of 

idumota market very close to MADAM OMO OLOJA’s shop. OGBENI OLOGBONLA in order to 

command more patronage, he reduced the prices of his goods and many  more customers patronize 

him while MADAM OMO OLOJA continue to loose patronage and was almost out of business for 

lack of sales. She as now deceided to maintain a court action against . OGBENI OLOGBONLA for 

loss paronage with the intention to claim damages and possibly to put . OGBENI OLOGBONLA out 

of business. As a learned student of Law advice MADAM OMO OLOJA has to the likelihood of her 

success in maintaining the proposed suit 

5. Ade  a police man attached to area P police dividion was detailed to go with junior officers to 

G.R.A ikeja at the popular issac jones street to carry out a raid operation on the prostitutes who have 

continued to constitute themselves as nuisance to that environment every night. At the raid operation, 

inspector mojisola who was not on duty but passing by saw some of the prostitutes running away and 

gave them a chase and apprehended lilian who was partially naked and standing by on the road for 

patronage. Inspector mojisola wishing to question  the Lillian on suspicion of prostitution took hold 

of lillians arm to detain her for the purpose of questioning her. Lillian resisted her actions and even 

denied that she was a prostitute. Eventually Lillian was released but feeling embarrassed she decided 

to seek the of a lawyer to pursue her claims on the ground of molestation and improper treatment. 

Consider the whole scenario and addressed the important issues therein

6.critically examine the definition of trespass to person vis-à-vis classes and type and likely remedies

 available to a plaintiff who has suffered any injury or loss thereto. Support your answers with 

judicial decisions


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