Hill vs. Bell - Tort Case Essay Example | Topics and Well Written Essays - 1000 words

Hill vs. Bell - Tort Case - Essay Example 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 ha s 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

Case Study Early Childhood Essay Example | Topics and Well Written Essays - 250 words

Case Study Early Childhood - Essay Example She used pictures of the different fruits she had earlier on asked the children to sample through eating. The pictures also had names of the fruits and hence making it easier for the children to refer to their earlier acquired knowledge of the fruits. Like long term memory, prior knowledge stores information for the later retrieval by the user. The information in prior knowledge is also stored by order of importance just the same as the information stored in the long-term memory. Finally, both the information in the long term memory and that of prior knowledge are stored for a long time hence can be remembered way later (Callander, 2008). She could use the same techniques and then integrate with pictorial display hence maximizing the use of the sensory memory of the children and hence make them remember what they have been taught. For example the same technique of dividing the fruits into different sizes and asking them to count the pieces or practice addition, subtraction, multiplication and division using the fruits hence children can use vivid imagination and sensory memory to remember later on how to use these mathematical methods. Integration employs the use of the same techniques that were successful in one discipline and children will tend to remember more since it will seem more like repetition and imitation (since it is prior knowledge) and the information will also not overload the memory of the children learning new concepts in each discipline (Coon and Mitterer,