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Tort Law UPDATED Exam Questions and CORRECT Answers

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Bernstein of Leigh (Baron) v Skyviews & General Ltd [1978] QB 479 D was a business which used aircraft to take aerial photographs of people's homes without their permission. D then offered to sell those photographs to the homeowners. Liable to the homeowners in the tort of trespass to land? Held: rights of an owner to the airspace above their property are restricted to such height as is necessary for the ordinary use and enjoyment of their land. Adams v Ursell [1913] 1 Ch 269 A fish and chip shop was responsible for the smell of deep fried food in a residential street. Neighbour claimed the tort of nuisance to have it closed down. Held: the interests of ordinary residents trumped those of the owner of the business and its customers.

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