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Tort Law Ph.D. Case Study
Pages 5 (1255 words)
2. Railtrack was incorporated in April, 1994 pursuance of Railways Act 1993 for the purpose of taking over the provision of track access to train operations from the British Railways Board, and was later renamed Network Rail Infrastructure Ltd. The functions of the Railtrack include provision, installation, testing and maintenance of signaling systems and track circuits on the railway lines.
Prior to the regulations on electronic music equipment, which were introduced in 1990's the present music equipment was very sensitive to electro-magnetic interference. After 1990's it has to comply with specific standards that make it more immune to this sort of interference, that the problem experienced by Mr Morris would not be encountered with guitars produced according to these regulations.
The interference is due to the sensitiveness of the recording equipment the foreseeing of nuisance by the Railways does not arise. It would arise if the interference were caused because of the sensitivity of the TI 21. "Railtrack could not reasonably have foreseen that these track circuits could have caused problems of electromagnetic interference at a distance of 60 to 70 meters."
The court believed that playing the guitar with sensitive electric and electronic music instrument such as an amplifier is not an abnormal but an ordinary enjoyment of property, it is feature of modern life and it is material for many younger generation's pleasure and also a vital part of the modern music generation.
The trial court believed the fact that electromagnetic interference was caused not only to the complaint alone but it caused to other users of such instrument also well before the track circuit was installed within that vicinity. ...
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