2 questions each question 800 words OSCOLA referencing 1- Explain the elements

2 questions each question 800 words
OSCOLA referencing
1- Explain the elements which are used for determining liability for negligently inflicted psychiatric injuries. To what extent do you agree that they are too restrictive?
Ensure that you illustrate your answer by reference to appropriate case law.
2-
Audrey has recently bought a large house in a quiet village. She is disappointed to find that her neighbour, Rosemary, frequently lights bonfires in the next door garden. The smoke often drifts into Audrey’s own garden and, when the windows are open, into the house itself. Furthermore, Audrey’s garden wall is starting to bulge because of damage done by the roots of some fast growing trees which Rosemary planted on her side three years ago. To make matters worse, Rosemary has recently erected a huge fence at the bottom of her garden blocking Audrey’s view of a pretty lake nearby.
A few weeks later, Audrey’s garden is flooded when Rosemary’ garden pond overflows. It transpires that this is a regular event. It occurs because water from a stream on the other side of Rosemary’ land was diverted into the pond by an earlier owner and in periods of heavy rain, the flow is much greater than the rate of drainage. Rosemary has never bothered to do anything about it as the water flows off her land immediately because of the slope.
Audrey complains about these matters but Rosemary pays no attention. Audrey resolves to retaliate. She is an amateur carpenter and owns a number of electrical saws and drills. She takes the machinery to her garden shed so that the noise will disturb Rosemary’ rabbits, which are kept in Rosemary’ own shed. Breeding and exhibiting rabbits is Rosemary’ hobby. The animals are nervous at the best of times. They become extremely agitated by the disturbance and will not breed or even eat properly. Discuss.
Advise Audrey and Rosemary as to any potential claims that they may have.
Ensure that you illustrate your answer by reference to appropriate statute and case law.

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