StudentShare solutions
Triangle menu

Tort Law Ph.D. - Case Study Example

Nobody downloaded yet

Extract of sample
Tort Law Ph.D.

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. And therefore concluded the second issue that nuisance of electromagnetic interference to the complainant was foreseeable.
(Graham Sinclair (2005), Neighbors and the Law (Chapter 5.10)
Findings of the Court of Appeal
The court of appeal recognized the issue as a sensitive and since there is no settled law adjudicating the electromagnetic interference as nuisance. Therefore the court has elaborately discussed the issues taking the settled law nearest to issues in this case. The court has made the following findings:
The court of appeal felt that only interference to the comforts of standard average man is actionable. Interference to abnormal and sensitive enjoyments of his property does not come within the ambit of the actionable nuisance. In this regard the court also felt that no ...Show more


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…
Author : aiden34
Tort Law Ph.D. Case Study essay example
Read Text Preview
Save Your Time for More Important Things
Let us write or edit the case study on your topic
"Tort Law Ph.D. Case Study"
with a personal 20% discount.
Grab the best paper

Check these samples - they also fit your topic

Case study business law
Principles: A notice refers to a legal concept that is intended at making a part to be aware of the legal process that have effects on their rights, duties and obligations. Some are usually placed in public places whereby they are used to guide or warn the public about what they should or should not do.
8 pages (2000 words) Case Study
Tort Law Case Study
ACE Sports, the nurse, the surgeon and City General hospital. These entities had active involvement in this particular incident as all of them including Bobby were primarily involved in this catastrophic event. Also, the nurse and the surgeon had contributed towards the eventual outcome as they were involved in inappropriate treatment and surgery that Bobby underwent (Smith, 2009).
3 pages (750 words) Case Study
Tort Law Master Case Study
Brown which would have been "different from [the damage] suffered by the general public,"2 which would constitute a wrong that is identifiably a crime under torts law. Mr. Brown's case is indeed special because he was allowed to find a document not available to the general public.
4 pages (1000 words) Case Study
Tort Law
The author was a journalist who wrote a book entitled "Bent Coppers: The Inside Story of Scotland Yard's Battle Against Police Corruption" which was published by the publisher Orion Publishing Group Ltd. The author had been an officer in the Metropolitan police until his resignation upon a finding of an internal disciplinary panel.
10 pages (2500 words) Case Study
Law Tort
In the case of Keown v Coventry Healthcare NHS Trust [2006] EWCA Civ 39, the claimant was a young boy Martyn Keown who climbed up a fire escape in the Trust building and fell from the escape consequently fracturing his arm and suffering from a significant brain injury leading to loss of intellectual functioning.
2 pages (500 words) Case Study
Law of Tort Case Study
Osman v United Kingdom [1998] is a leading case that was brought before the European Court of Human Rights. In accordance with the decision of the new President of the Chamber, Mr. Bernhardt, the hearing took place in public in the Human Rights Building, Strasbourg, on 22June 1998.
4 pages (1000 words) Case Study
Law of Tort Master Case Study
In this particular case, we note that Betty was not employed by any of the three companies; it is her husband Harry who was employed by the three companies. The companies therefore do not owe Betty a duty of care directly. The duty care was established by Donoghue V.
8 pages (2000 words) Case Study
Business Law - Case study
enforceable contract; namely offer, acceptance and consideration (it is important to note that parties entering into a contract must also have legal capacity to do so and it is presumed from the facts given that capacity is not an issue in this case). Lord Wilberforce asserted the rule for formation of contract in New Zealand Shipping Co Limited v A M Satterthwaite, The Eurymedon1:
8 pages (2000 words) Case Study
Case study business law
For an adequate notice, all that is important is reasonable steps be taken b the proferens in bringing the exemption clause’s contents and existence to the notice of the individual that the clause is to be used against before or even during the time that the
8 pages (2000 words) Case Study
Law Case Study - B
Consequently, this definition may be rightly put to imply the neglect of the use of ordinary care or skill towards a person to whom
1 pages (250 words) Case Study
Hire a pro to write
a paper under your requirements!
Win a special DISCOUNT!
Put in your e-mail and click the button with your lucky finger
Your email
Comments (0)
Click to create a comment
Contact Us