John’s neighbour, Cynthia, has begun raising pigs in her backyard. John is no longer able to enjoy sitting in his hot tub on his back deck as a result of the smell. If John wanted to sue Cynthia, which cause of action would he use as his grounds? Select one: a. Nuisance b. Negligence c. Strict Liability d. Trespass
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John’s neighbour, Cynthia, has begun raising pigs in her backyard. John is no longer able to enjoy sitting in his hot tub on his back deck as a result of the smell. If John wanted to sue Cynthia, which cause of action would he use as his grounds?
Nuisance
Negligence
Strict Liability
Trespass
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- In what has been subsequently known as the 'narrow rule', the House of Lords found that a duty of care exist even if the defendant was not present. Accordingly, manufacturers of goods must take reasonable steps to ensure that their products do not cause injury to those that subsequently come into contact with them. Lord Atkin went on to propose a general maxim of law known as the 'neighbour principle' which would apply generally and preclude the claimant needing to bring the facts of their case within those of a previous case. REQUIRED: Concisely sets out what the claimant has to prove in order to succeed in an action in Negligence. 2. Comment on the situation where the chain of event is broken by an intervening cause.Case4 One afternoon, the plaintiff (P) and her husband were out driving for picnic together with their three children. They pull-over in a lay-by, a designated pave area beside a main road where cars can stop temporarily, for a picnic and the plaintiff took one of the children across the road to pick flowers. The defendant, Mr. Berry (D), was driving recklessly and crashed into the couple’s van, where the plaintiff’s husband and the other children were preparing. The plaintiff’s husband was seriously hurt by the crash and died at the scene a few hours later while most of the children suffered injuries. The plaintiff witnessed the entire event and its aftermath, developed long-term “morbid depression”, consequently. Please state the four basic elements of negligence. Plaintiff sued Mr. Berry for the cost and damages as a result from nervous shock that she suffered due to the negligence of the Defendant. Please state your reasonsUsing the IRAC model to answer the question. Jim and Jane got married last Sunday. The next day they travelled to Extended Stay Hotel in Miami for their honeymoon. They arrived at the Hotel, checked in and proceeded to their room. At the back of the front door in their room was a notice excluding liability, which read that “ Extended Stay will not be responsible for articles lost or stolen, unless it is logged at the front desk for safe custody.” However, this exclusion clause could only be seen after the door is closed as well as, the actual notice was small and colored in black, with a white background. Regrettably, with all the excitement of their honeymoon, both Jim and Jane did not even notice the exclusion clause at the back of the door. One day when they were out shopping, someone came into their room and stole Jim’s laptop.…
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