Nobody downloaded yet

Hill vs. Bell - Tort Case - Essay Example

Comments (0) Cite this document
Summary
Hill vs. Bell – Tort Case Name School Subject Number Professor Date Hill vs. Bell – Tort Case Introduction Hill and Bell are neighbours who stay aside each other. The property of Hill has several branches of Bell’s garden coming over and causing fruits to fall into his garden…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER92% of users find it useful
Hill vs. Bell - Tort Case
Read TextPreview

Extract of sample "Hill vs. Bell - Tort Case"

Download file to see previous pages Potentially, this case has to be resolved through various legal concepts (especially the doctrines of nuisance and trespass), using various statutes, and case laws. Body Legal Concepts The relevant legal concepts that would be applicable in this case are the doctrine of nuisance and doctrine of negligence that are a part of the English tort laws. Tort is civil wrongs that have to be differentiated from criminal wrongs. A tort remedy would not include damage to the public in general but require action from one citizen who has faced damages due to the act of the owner of the property. Arising from tort several other civil wrongs arises including battery, trespass, and conversion (The Locke Institute, 2011). According to the Concept of negligence, one person owes a duty of care towards another person and any breach of this duty of care is a liability under tort, and damages have to be paid by the person whose act is negligent. Due to the breach of duty to one person, the other person has to suffer damages, and this act by the other person would likely to be the cause of the duty of care. However, in this case, since Hill has not suffered significant damages due to the fruits falling into his property, he cannot use the doctrine of negligence. ...
Some of the common disturbances that may be present include noise pollution, barking dogs, dumping of wastes, constant domestic quarrels, etc. In this case, Bell’s fruits are a constant source of nuisance as they are falling into the property of Hill and are a potential source of damage. The branch has infringed upon Hill’s property and hence Hill can use the Doctrine of Nuisance to claim damages for the falling fruits (North Carolina Bar Association, 2004). Using the doctrine of nuisance Hill can claim damages in the form of payment of damages or seeking an injunction (Crown Prosecution Service, 2011). In case of damages, Bell has to make do of the loss by payment of any amount that has been lost by Hill from the falling fruits. In case there is a high chance that the infringement act of Bell (for example in this case not cutting the branches) continues, then the court can issue an injunction and provide relief to Hill in the form of ensuring that the tree branches has to be trimmed till the property wall of Hill (British Law, 2011). Another doctrine that could be used by Hill is the doctrine of trespass is the damages suffered by one or one’s property due to the acts of the defendant that are an infringement to the plaintiff or his property. Under British law, the same has been classified as a trespass to one’s land and could be committed intentionally or accidentally (Crown Prosecution Service, 2011). Relevant statutes As per the statutes of UK, The land owner would be the owner of that particular tree, even if the tree has been grown by somebody else, or the branches or the roots of the tree protrude into the neighbouring property. Here, if the branches or the ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Hill vs. Bell - Tort Case Essay Example | Topics and Well Written Essays - 1000 words”, n.d.)
Hill vs. Bell - Tort Case Essay Example | Topics and Well Written Essays - 1000 words. Retrieved from https://studentshare.org/law/1439365-hill-and-bell-are-neighbours-hill-is-concerned
(Hill Vs. Bell - Tort Case Essay Example | Topics and Well Written Essays - 1000 Words)
Hill Vs. Bell - Tort Case Essay Example | Topics and Well Written Essays - 1000 Words. https://studentshare.org/law/1439365-hill-and-bell-are-neighbours-hill-is-concerned.
“Hill Vs. Bell - Tort Case Essay Example | Topics and Well Written Essays - 1000 Words”, n.d. https://studentshare.org/law/1439365-hill-and-bell-are-neighbours-hill-is-concerned.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Hill vs. Bell - Tort Case

Is it fair, just and reasonable to allow the police to escape liability from a breach of duty

...42 D.Websites 44 Chapter 1 Introduction Introduction Tort is not something new. 1 In fact, the law of tort is a very old legal concept, even older than the notion of crime. 2 In the ancient period, the discourse on law is not on the laws of crime per se; rather it was more on the law of wrongs. 3 By 1300’s, the English common law developed procedural mechanisms that was used to bring an action to court. 4 During this period, writ system was developed and one of the most original writ was the writ of trespass. However, it should be noted that the writ of trespass was not a demand for right but it was a rectification for wrong done. 5 Then, by 1400’s, sense and appeal to justice was integrated in the...
41 Pages(10250 words)Dissertation

Law of tort, Case study

...?Law of Tort: Case Study Introduction A tort is a wrongful act that involves breach of civil duty but not the breach of a contractual duty. In the opinion of Carver (2006, p.667), it is to be emphasized that a tort is clearly distinguished from crime, and mostly involves breach of a contractual duty owed to society in general. Although, both torts and crimes have common features, mainly state is responsible for crime prosecution; whereas any aggrieved party may bring a lawsuit for tort. When a person suffers a tortuous injury, he is entitled to get monetary compensations from the person or group of persons liable for those injuries. Legal...
4 Pages(1000 words)Essay

Business case study on Bell

... the bargaining power of suppliers vis-a-vis provision of goods and service. When there are lots of suppliers, they have less bargaining power and operate within highly competitive environment. In the case of Bell, especially related to VoIP, there are some major suppliers who have good database of customers, though not as many as Bell. Most importantly, group of cable TV providers have introduced quadruple bonanza in the form of discount bundle comprising of digital TV, HIS, wireless telephone and VoIP. They have overcome the problem of disruption through multipurpose modem can be used for various service as against the one modem for internet. This is interesting development as it would create huge challenge for Bell to maintain... product...
4 Pages(1000 words)Assignment

Tort Law: Case Analysis

...Tort Law: Case Analysis This paper aims to provide guidance for understanding the nature of the case chosen for this assignment where one plaintiff named Jerry who was diagnosed with a think skull since childhood. As a matter of fact as evaluated in the case, Jerry has been made a patient of extreme head injuries and severe concussion by Tom who is a hockey player, the paramedical officer who provided first aid to Jerry and the surgeon who treated him carelessly. Following are the cases providing in-depth discussion regarding the types of damages that have been made to Jerry by each defendant. It should be noted that the case damages...
3 Pages(750 words)Essay

Tort Law Case Study

...? Tort Law Case Study Evaluation of the Potential Liability Taking the case into consideration, it has been found that the scenario involving Bobby and Rachel did not took a normal turn as there was a major implication of negligence that reflected from the part of many entities i.e. 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). ‘ACE sports’, as the...
3 Pages(750 words)Case Study

Weeks vs. Southern Bell

...? Weeks vs. Southern Bell About the case This case is about the law suit filed by Mrs. Lorena W. Weeks against her employer, Southern Bell Telephone and Telegraph Company. Mrs. Weeks who has been an employer of the Southern Bell Telephone and Telegraph Company for about 19 years filed the case against his employer on the charges that her employer has refused her application for the post of switchman as an act of discrimination solely based on sex. Mrs. Weeks have also appealed that her employer, Southern Bell should return the position to Mrs. Weeks along with compensation for damages inflicted for the activities of discrimination of sex. Mrs. Weeks have also appealed for necessary action so that Southern Bell should refrain... from such...
4 Pages(1000 words)Research Paper

Social Class and Global Inequality

4 Pages(1000 words)Essay

Case Brief - McGurn v Bell

...Case Brief RE: McGurn v. Bell Microproducts, Inc. Facts George McGurn met with the president of the Bell microproducts who gave the position of the company. At that meeting, gave a condition that for him to take the employment offer by Bell, he should be issued with a contract in the written form inclusive a termination clause specifying that in case his contract was terminated he will be given half his commissions plus six months’ salary. Following several discussions with an official from Bell, Bell issued him with a contract devoid of the termination clause which he rejected. During one of these discussions, McGurn...
2 Pages(500 words)Essay

Case Study: Tort

...Case Study Analysis: Tort Case Study Analysis: Tort In the case of MR. X, a 69 year old who is hospitalized for GI disorder, the shift nurse administered enema without the consent of the patient. The patient was depressed and uncooperative and he expressed his dislike for the enema. However, without listening to his opposition, the nurse turned the patient and administered enema. Every patient has the three basic rights of autonomy, privacy and informed consent. Considering this fact, it becomes evident that the 69 old Mr. X too had the right to all these. Out of al these, it is seen that his right to informed consent is violated through the activity....
2 Pages(500 words)Essay

Mod 2 case Tort Law

...Tort law Negligence arises when an individual or an entity acts incompetently or below the required standard of care and as a resultcauses harm or injury due to lack of reasonable care (Hylton, Lin & Chu, 2013). In order to establish negligence, it is essential to first determine that the party acting negligently had a duty of care, and that such duty was breached by the negligent party resulting in injury to the other party (Ashley, 2004). In respect to negligence in Bobby’s case, it is evident that ACE sports acted negligently by leaving small pieces of metal sticking out of the rim. ACE sports owed a duty of care to the users of the rim to ensure that the rim was safe and did not have any parts that would possibly cause harm... to the...
2 Pages(500 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Hill vs. Bell - Tort Case for FREE!

Contact Us