Exam (elaborations)
Exam (elaborations) Tort Law Tort Law, ISBN: 9781351371520
Part A(Q and A plus 2021UOL QP)
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Part A & Privacy , Misuse of Private Information Chapter1
Part -A Tort Law
Probable Set Of Questions plus Tort Law Part A May Zone B1 2021 QP Added
Probable Questions
What are the basic factors in determining privacy ? Pg2
What are the principles or factors being argued upon by Moreham ?
Which principle do you agree on the most ?Give reasons for it
What are the aims present to bring the reasonable expectation of privacy test?
Why should the courts not feel moved ?
Why should not the action be amorphous?
How did Moreham structure the entire article ?
What is the reasonable expectation test?Pg:3
Which ECHR Articles come into play in an action of privacy and how do they operate within it?
According to Moreham does the test reasonable expectation of privacy have merit?
How is a reasonable expectation of privacy a normative inquiry? Pg: 4
Are there any exceptions to the normative approach in other jurisdictions ?
Are these exceptions visible in UK?
How can the reasonable expectation of privacy test be modified ? pg: 5
Expectation of the privacy v Deserved
Why do you think that questions associated with public interest of defence or balancing od competing
interests can have a bearing on the reasonable expectation of privacy of protection test ?
Why is it useful to use the epithet to describe the test applied in the misuse of private information cases
?
What are the ways to determine what is private ? pg: 7
What is the Societal attitudes principle ?In which case was it elaborated? Are there any cases that
approved this approach ?
Do you agree? If not , why?
What is the societal attitudes test? Explain with case examples.
What needs to be considered in determining whether an information is private or not?
What are the pros and cons of categorizing situations that can give rise to an expectation of privacy ?
Page 8
What are the seven categories of usually private information?
Why should the court clearly define the underlying principles of each category of privacy ? page:9
What do C’s privacy signals entail?
So how does the privacy principle manifest in the misuse of private information case law? Page:11
Since when did the court stress on the desirability of consistency?
What are the factors which forms an interdependent amalgam of circumstances ? pg:12
, Part A & Privacy , Misuse of Private Information Chapter
2
What does the modern principle underpin in the modern case law ?
2021 EXAM QUESTION TORT LAW B1
PART A
You must answer these COMPULSORY questions about the article N.A. Moreham,
‘Unpacking the reasonable expectation of privacy test’.
1. (a) What are the two “unarticulated principles” about the reasonable
expectation of privacy which Moreham as identified from the case law, and how does she
employ them in her article?
(b) Moreham chooses to adopt the term “reasonable expectation of privacy protection”.
Explain why she has added the word protection, giving case law and hypothetical examples.
(c) Surreptitious observation and the way that the material was stored or communicated are
two factors which Moreham believes can be important determining misuse of private
information cases.
Explain, giving examples.
(d) In your opinion, is Moreham’s approach to the reasonable expectation of privacy test an adequate
one? What issues do you see as particularly problematic about it?
General questions based on the Article :
Mock questions:-
a) Is the reasonable expectation of privacy a test sufficient for the 21st Century? (5 Marks)
b) What is the normative inquiry approach? How is it relevant to the privacy test? (7 Marks)
c) Is location a conclusive factor of someone’s expectation of privacy? If not, discuss the other factors. (8
Marks)
e) How is the expectation of privacy different from defamation? Are there any similarities as well? (5
Marks)
a) Describe the test of reasonable expectation of Privacy. (5 Marks)
b) Are there any exceptions to the Normative enquiry approach in other jurisdictions? (5 Marks)
c) What is the societal attitudes test? Explain with case examples. (5 Marks)
d) Is location significant as a privacy signal? If yes, why? (5 Marks)
e) How is the knowledge of the defendant relevant in determining privacy? (5 Marks)
Comparison from the past er reports for Part A:
- Marking will be made based in research skills
How much you can evaluate , analyze and write the comprehensive section of Part A
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