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Act Tortious: Homeowners File a Tort Claim against a Theme Park - Case Study Example

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"Act Tortious: Homeowners File a Tort Claim against a Theme Park" paper evaluates and analyzes the laws of tort as to principles and case precedents, zeroing in on decisions previously made in cases with some circumstantial similarities to the case at bar…
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Act Tortious: Homeowners File a Tort Claim against a Theme Park
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Download file to see previous pages In criminal law, the state is portrayed as the bigger offended party than the plaintiff such that if a defendant is proven guilty the state metes out the appropriate punishment.  It is different in tort cases, in which the plaintiff, whose more popular assignation now is “claimant,” is the victim of the alleged wrong.  Once the defendant is found liable he is directed by the court to pay damages to the claimant or else to desist from the wrongful activity through “injunctive relief.” Compensation and deterrence are two of the four main purposes of a tort, the other two being appeasement and justice (Williams, 1951). 

The types of torts in England and Wales are limited to trespass to land, trespass against goods, trespass against a person, negligence and defamation (Barker & Padfield).3 To see how the law of tort operates and applies, this essay takes up a simulated case involving a group of residents and an amusement park that was put up within their village. The complaints range from the noise emanating from the park rides to the park employees’ improper disposal of garbage.

The issue: What is the possible liability of the park management to its neighboring homeowners as to the alleged nuisance that it causes them? If said residents have a right of action in tort against management, would they be entitled to damages or just an injunction to make the theme park desist from its wrongful activity?

Since the 1960s, residents of Ashenhurst Village co-existed peacefully with Ashenhurst Hall right in the community until recently when the hall’s owners, Bridge Development Ltd., obtained permission from the city planning office to redevelop it into an amusement and theme park, which is open from 11 a.m. to 7 p.m.  There was nary a moment of peace for the village residents since then because of:   

- Roads clogged with traffic. On the opening day of the amusement park itself, roads to and from the village were impassable, such that the milk tanker that regularly picks up milk from the dairy farm of Farmer Green could not get in. ...Download file to see next pagesRead More
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