The issue in this case is whether the Cork City Council is liable for the damage to Hannah’s property and/or to the car. In order to establish this, we must decide whether the Council is liable for misfeasance (the negligent repair of a road or footpath) not nonfeasance (a failure by the Council to act to maintain roads and footpaths).

The Civil Liability Act 1961 Section 60 (1) states that “A road authority shall be liable for damage caused as a result of their failure to maintain adequately a public road.”(1) In the case of McCabe v. South Dublin County Council, the judge held that the Council were not liable to the injury of a lady in Tallaght who tripped and fell as her foot got stuck in an opening in the surface of a footpath.(2) It must be established that the Council negligently repaired the opening.

In the facts of this case, although Cork County Council did not fix the pothole on Hannah’s road despite her numerous attempts to contact them, it is not apparent that the Council negligently repaired the pothole. If the Council adequately failed to repair the pothole, then they would be liable for damages caused by misfeasance. However, the Council failing to act to repair the pothole does not constitute misfeasance.

Therefore, it is unlikely that the Council will be liable for damages done to Hannah’s property and/or to the car.

[1] Civil Liability Act 1961, S. 60 (1).

[2] McCabe v. South Dublin County Council [2014] IEHC 529.

Can Sean take a defamation action against Joe King and Brenda O’Leary?

In order to establish defamation, it must be more than just general gossip. It must be a false statement that harms a persons reputation and/or a persons business’s reputation. (Defamation Act 2009, Section 6(2)).

The Defamation Act 2009 sets out that defamation is split into the tort of libel and slander(1). In this case, slander is used against Sean Smiley, as Joe King told his wife Maggie King that Sean Smiley was convicted of murdering his mother. Before Sean takes a case he has to be innocent of the said crime.

It is apparent that Joe King injured Sean Smiley’s reputation by telling his wife that Sean was convicted of the murder of his mother. However, Brenda did not pass on that Sean was convicted of murdering his mother. She only said it to his face. Therefore, it is not defamation as Brenda was not intending to harm Sean Smiley’s reputation.

It is stated in the Constitution under Article 40.3.2 that every individual has a right to a good name(2). This means that no person should harm that persons name. Therefore, Sean Smiley has a right to a good name.

In conclusion, Sean Smiley can take a defamation action against Joe King because Joe made up a false statement about Sean intending to harm Sean’s reputation and Sean’s right to a good name. However, Sean Smiley cannot take a defamation action against Brenda O’Leary as Brenda must have told a third party that Sean was convicted of murdering his mother. But she did not pass on this false statement, she merely accused Sean of murdering his mother based on the information that was passed on to her.

[1] Defamation Act 2009

[2] Article 40.3.2

Be yourself; Everyone else is already taken.

— Oscar Wilde.

This is the first post on my new blog. I’m just getting this new blog going, so stay tuned for more. Subscribe below to get notified when I post new updates.

This is an example post, originally published as part of Blogging University. Enroll in one of our ten programs, and start your blog right.

You’re going to publish a post today. Don’t worry about how your blog looks. Don’t worry if you haven’t given it a name yet, or you’re feeling overwhelmed. Just click the “New Post” button, and tell us why you’re here.

Why do this?

• Because it gives new readers context. What are you about? Why should they read your blog?
• Because it will help you focus you own ideas about your blog and what you’d like to do with it.

The post can be short or long, a personal intro to your life or a bloggy mission statement, a manifesto for the future or a simple outline of your the types of things you hope to publish.

To help you get started, here are a few questions:

• Why are you blogging publicly, rather than keeping a personal journal?
• What topics do you think you’ll write about?
• Who would you love to connect with via your blog?
• If you blog successfully throughout the next year, what would you hope to have accomplished?

You’re not locked into any of this; one of the wonderful things about blogs is how they constantly evolve as we learn, grow, and interact with one another — but it’s good to know where and why you started, and articulating your goals may just give you a few other post ideas.

Can’t think how to get started? Just write the first thing that pops into your head. Anne Lamott, author of a book on writing we love, says that you need to give yourself permission to write a “crappy first draft”. Anne makes a great point — just start writing, and worry about editing it later.

When you’re ready to publish, give your post three to five tags that describe your blog’s focus — writing, photography, fiction, parenting, food, cars, movies, sports, whatever. These tags will help others who care about your topics find you in the Reader. Make sure one of the tags is “zerotohero,” so other new bloggers can find you, too.