Tort, Negligence and Nuisance Claims :: Tort Law

A number of aspects of liability rise from this case study and each one will be discussed. With regards to the headaches suffered by Karl, it is necessary to look at private nuisance. Negligence is disregarded as it is assumed from the details in the case study that the headaches suffered are not so serious as to cause personal injury, it is just described as ‘mere discomfort’. Such a claim under the law of nuisance requires three factors to be fulfilled. The first being a continuous interference. This is shown in De Keyser’s Royal Hotel v Spicer Bros Ltd (1914) 30 TLR 257. From the case study one can assume that it is a continuing interfering act and not a one off. Secondly, the interference must be unlawful or unreasonable. This is up to the claimant to prove. The rule for this is sic utere tuo ut alienum non laedas (So use your own property as not to injure your neighbour's). The locality in this instance reflects the unreasonableness of Jane’s actions. It occurred in a residential area and therefore such Gases were not to be expected. The duration of the act will also be taken into account. Because Jane is a young inventor it is assumed her work is an ongoing process and not a one off as explained above. The seriousness is also considered. In Walter v Selfe (1851), Knight-Bruce V C said â€Å"an inconvenience materially interfering with the ordinary comfort physically of human existence, not merely according to elegant or dainty modes and habits of living, but according too the plain sober and simple notions among the English people.† This shows Jane’s actions would be deemed unreasonable, heightened by the fact that the incident occurred in a housing area, not an industrial estate. The sensitivity of the defendant, the utility of his conduct and a malicious aspect may be also discussed but this is not relevant in this case. Thus the second aspect of unlawful or unreasonable interference is established.

Reaction Paper on Hello Garci Tape Wiretapping Issue

The electoral fraud issue on last 2004 election has proven an obvious breach in the national security. The tape evidence presented by Samuel Ong, former National Bureau of Investigation (NBI) deputy director for intelligence, contained a conversation between the former President Arroyo and Commissioner Virgilio Garcillano. Having analyzed the content of the said conversation, proven and admitted by the former president that the voice was hers, somehow confirmed the point of manipulation of the count in favor of the administration , perpetrated by the COMELEC However, even with the evidences, with the public apology made by the former president herself, and with the possible outcomes known, still no final course of action was taken to resolve GMA’s legitimacy or so to prevent electoral fraud. This is only due to the fact that the ‘original tape’ has not been authenticated by the anonymous wiretapper. If I may put my two cents in, our election system is just so full of dirty tricks. No one gets caught or punished also because of the flaws in the Philippine law and electoral rules. The fraudulent electoral system has been the way of the cheaters to win, and with their get away schemes comes the delayed progress of the country. Most are often suspicious of the winners and it is not a surprise that people generally doubt their leaders. If the leader is successful of curtailing the truth, what more can people expect of its underlings? Along with this, it is only imperative that electoral reforms be pushed through the senate or the country will continue to suffer from recurrence of such scandals and crisis. After the sprung of the aforementioned issue, wiretapping became a major contributor on certain issues from the government. Some of which are those that involve Chair Benjamin Abalos and Jose de Venecia III in connection with the $329-million National Broadband Network (NBN) contract, and Cheche Lazaro’s wiretapping case filed by the GSIS. The latter however in opinion of the many, was only one of the attempts by government agencies to silence the media through harassment and intimidation. None of the aforementioned issues that involve wiretapping has been resolved. It is just poignant that people find no justice in the wrongdoings of those in high power. Seemingly, in most cases our own system constricts punishments of those guilty personnel, only allowing recurrence of such events. If only our country IS or WILL be able to make a change for the greater good, those types of cases will not be dismissed without fair justice.

College Athletes Should Be Paid Essay - 2153 Words

The play starts with an abrupt hike. His legs take off into a full sprint and he easily bypasses the player of the opposite team, who’s supposedly guarding him. He turns; the ball is spiraling into view and now is his chance to shine. As he jumps into the air to grab his glory, a sudden impact from the opposing player forces him to be thrown onto the ground where a tibia snaps. The player is taken off the field and rushed to the hospital where medical bills begin to accumulate. As a college athlete, one might obtain a scholarship to attend and participate in the athletics, but what if that player gets hurt? He is so focused on his athletic career that he can’t imagine a career outside of sports. College athletes should be compensated for participating in school funded athletics due to the use of their image and name, along with the risk of their personal health. Generating profits from athletics is what drives a universities’ ability to keep their programs thrivi ng. Football and basketball programs are one of the top money making sports in the United States. From the NCAA â€Å"college athletics as a whole pulls in about $12 billion annually,† (Gerencer). This revenue comes from ticket and merchandise sales, along with TV and marketing. The average annual revenue from a Division I football program is around $56 million and men’s basketball is around $23 million. These two college sports bring in the majority of the revenue while numerous others bring in the remainder. Men’sShow MoreRelatedShould College Athletes Be Paid?1578 Words   |  7 PagesAshay Mehta Nou Per 8 Should College Athletes Be Paid? One of the hottest debates in the sports industry is if college athletes should be paid. If you want to pay these athletes, how would the college determine the dollar amount that should be paid? Should the basketball team make more than the football team? Should the the soccer team be paid as well? Cheerleading? Chess team? Should everyone on the team get a salary? What if your college is good at football and your basketball team is awfulRead MoreShould College Athletes Be Paid?1398 Words   |  6 Pagesbelieve that college athletes at the highest performing schools are better treated than others. Although they do not get paid, they do receive some benefits for being athletes that other students would not get. One advantage for playing a sport is access to scholarships that some schools reserve for their athletes. Depending on the school and the athlete’s performance, money towards tuition is often given. Only some schools are willing to grant â€Å"full-ride† scholar ships for certain athletes. AccordingRead MoreShould College Athletes Be Paid?1289 Words   |  6 PagesThroughout the years college sports have been about the love of the game, filled with adrenaline moments. However, the following question still remains: Should college athletes get paid to play sports in college? Seemingly, this debate has been endless, yet the questions have gone unanswered. The National Collegiate Athletics Association (NCAA) plays a vital role in this debate. The NCAA is a billion dollar industry, but yet sees that the athlete should get paid for their hard work and dedicationRead MoreShould College Athletes Be Paid?1334 Words   |  6 Pagesrising to the surface is â€Å"Should college athletes be paid?†. This has become a burning question. The NCAA is a multibillion-dollar industry, that makes millions, if not billions, in revenue. Yet it’s still maintains the non-profit status meaning that the industry is not set on making a profit and none of the revenue that is made is distributed to its members, managers, or officers. While most players who play in college sports are under a scholarship, that pays for the college tuition, books, and housingRead MoreShould College Athletes Be Paid?1364 Words   |  6 PagesHave you paid attention to all of the news that has been surfacing about collegiate sports lately? It is a big topic now days in the world of sports on weather college athletes should be getting paid to play sports. College athletics have gained great popularity of the past few decades, and have brought schools lots of revenue. A lot of college athletes think they should be getting paid for their services they do for their school. College sports like basketball and football generate over six billionRead MoreShould College Athletes Be Paid?1130 Words   |  5 PagesWhat college athlete would not want to be paid to play the sport that he or she loves? The real question is, though, should college athletes be paid fo r their roles in a college’s athletics? They are many points to each side of this recent controversial topic, which is why this has been made into such a hot debate in the past couple of years. As of right now, these athletes are not getting paid, but many of them truly believe that they should. Others believe that they already are being paid throughRead MoreShould College Athletes Be Paid?986 Words   |  4 PagesPaying the College Athlete The college athlete has steadily grown in popularity in the United States over the span of the past decades. Monetarily speaking, this increased publicity has been extremely beneficial for National Athletic Association (NCAA) and all the colleges involved in athletics which has sparked the dispute of whether or not the athlete should be paid for their hard work and dedication on the field and to their school or if the athletic scholarship is more than enough. College athletesRead MoreShould College Athletes Be Paid?1239 Words   |  5 PagesLindsey Simmerman Speech 102 T/Th 1:00-2:15 October 25, 2016 Should college athletes be paid to play? Specific Purpose: To persuade the class to agree with my stance on paying college athletes to play sports Thesis: College football is the hours players spend practicing and performing, the number of injuries the players face, and the persona these athletes must portray every day all the while watching their schools, coaches, and the National Collegiate Athletic Association (NCAA) get all the compensationRead MoreCollege Athletes Should Be Paid1254 Words   |  6 PagesSome college athletic departments are as wealthy as professional sports teams. The NCAA has an average annual revenue of $10.6 billion dollars. College athletes should be paid because of the amount of revenue that they bring to their college. Each individual college should pay its athletes based on how much revenue they bring to the college in which they attend. The colleges that win their Division title, their Conference title, or the National championship, give bonuses to the Head coach of thatRead MoreCollege Athletes Should Not Be Paid1558 Words   |  7 Pagesstudent-athletes participate in a variety of different s ports, and currently they do not receive paychecks for their performances. College athletics have attained an extensive popularity increase among Americans over the past few decades. This has resulted into increased revenues for the National Collegiate Athletic Association [NCAA] and the participating colleges, which has fuelled the debate of whether or not college athletes should collect an income. College athletes should not be paid to play