buying versus leasing
Question 1. (10marks)
Using your knowledge of statutory interpretation
consider whether any of the following ‘sells or
hires or offers for sale or hire or gives to any
other person – any knife which has a blade which
opens automatically by hand pressure applied to
a button, spring or other device in or attached
to the handle of the knife’ and therefore
commits an offence under s1(1) of the
Restriction of Offensive Weapons Act 1959:
(i) Jane, a youth worker, confiscates a flick
knife from a member of her youth club and gives
it to her supervisor.
(ii) Tony, an antique dealer, displays an old
military knife with a spring opening device in
his shop window with a price ticket attached to
it.
(iii) Fola buys an unopened box of kitchen
utensils from a car boot sale. Without examining
the contents closely she donates the box to a
charity shop.
The box is found to contain a flick knife.
Question 2 (10 marks)
Critically analyse the following case and say
whether or not you think that the plaintiff will
succeed under the tort of negligence:
John was the batsman in a cricket match. He hit
the ball so hard that it went over the brick
wall that surrounded the cricket ground over the
road outside and hit Mr Smith, who had just
opened the front door of his house. Mr Smith
sued the cricket club for negligence. Mr Smith
had a nasty injury on his head caused by the
ball. It was stated in court that the ball had
been hit over the wall only three times in the
last ten years.
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