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Law, Term Paper Example

Pages: 1

Words: 265

Term Paper

Section A

This law aims to guard an individual’s right to utilize and enjoy his or her property. The two components of the laws of tort are trespass and nuisance. Trespass concerns the physical intrusion of one’s property, while nuisance protects against interference. Apart from guarding against interference with the utilization of land, nuisance and trespass are nearly similar. It doesn’t necessarily require physical intrusion. The three elements of the tort of private nuisance are: there is an ownership claim in the land by the complainant, the petitioner’s enjoyment and use of the land were interfered with by the defendant, and the last element is proof that the disturbance was unreasonable and unsubstantial. Therefore, the elements dictate that there should be proof of interference. Thus, this law is described as a give and take as it requires an individual to do just to others by not infringing upon their use and enjoyment of their property as they would also demand.

Section B

In this scenario, Ellie and her mom have the right to sue Ahmed and the ABC Company. Ellie has the right to the two claims as she got injured in Ahmed’s store. Ahmed will be sued for negligence as he hadn’t conducted a thorough investigation and noticed that the walls and shelves that ABC recently stalled as being faulty. Ellie will sue ABC for compensation as they built the shelves. Ahmed has a right too to sue ABC for having done a below-par job. Therefore Ellie and Ahmed need to get hold of legal officers and draft their charges and proceed with the filing of cases.

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