What is the likely outcome for tom

Assignment Help Business Law and Ethics
Reference no: EM13767309

Read the following factual account:

James and Tom live next door to each other. On James' property there is a large gum tree which has loose branches that hang over Tom's fence. Tom is concerned that a strong wind could force the branches to fall off causing damage his property or even injury to his family. Tom has written to James on several occasions asking him to attend to the problem, however, James has ignored the letters.
After a particularly windy night where the branches were crashing against the roof of Tom's garage, he went to James's house to discuss the problem. James ordered Tom off his property telling him to mind his own business.

Several weeks later a heavy storm with gale force winds caused the branches from James' overhanging tree to tear off and smash hard
against the roof of Tom's garage. Part of the roof collapsed causing extensive damage to Tom's car. Tom wrote to James seeking compensation for the damage caused by James' tree. Again, James has refused to acknowledge the letter.

Tom has come to you for advice regarding any legal rights that he may have in relation to this matter.

Answer ALL of the following questions:

(1) Assume that you are a legal adviser and Tom has described the events leading to the damage to his property, would you advise
him to take a civil or criminal action against James? Explain why you have chosen this type of action.

(2) What cause of action would you advise Tom to take against James? State the name of the case that this cause of action originated from and provide its reference.

(3) List the elements of the cause of action that Tom would need to prove in order to succeed. Apply the elements of this cause of action to the facts.

(4) What is the likely outcome for Tom of a successful action against James?

Reference no: EM13767309

Questions Cloud

Write paper on book introducing religion by robert s ellwood : Write a paper on the book introducing religionby Robert S. Ellwood.
Research the laws and allocation of resources : Research the laws and allocation of resources in your state. Identify one discrepancy where the State Legislature has passed a law, such as DWI Law or another type of law, but failed to allocate enough money for the criminal justice system to prop..
Scope of the project : Why is quality management important to the scope of the project?
What is the likely outcome for tom : What is the likely outcome for Tom of a successful action against James? List the elements of the cause of action that Tom would need to prove in order to succeed. Apply the elements of this cause of action to the facts
Determine the magnitude of the angular momentum of particle : The position vector of a particle of mass 2 kg is given as a function of time by r = (9 m) (i hat) + (3 m/s)t (j hat). Determine the magnitude of the angular momentum of the particle with respect to the origin at time 9 s. Answer in units of kg*m2/
What are the four basic financial statements : What are the four basic financial statements? What is the primary purpose of each of the four basic financial statements? In your opinion, which financial statement is the most important? Explain why.
Effects of tariffs differ from the effects of quotas : Why would cash transfers typically be preferred by recipients over in-kind transfers - Who gains and who loses from a tariff.
Identify the four basic financial statements : Identify the four basic financial statements. Describe the purpose of each of the four financial statements.

Reviews

Write a Review

Business Law and Ethics Questions & Answers

  Legal environment of business caselet

The assignment in Law deals with the topic "Legal Environment of Business". A case study about Mary, a newly joined employee who is working in the USA and Europe. She faces few issues at her work place in Europe and tries to talk to her manager who s..

  Business ethics & legal issues caselet

This assignment is about the concept of Business Ethics & Legal Issues. The laws relating to these can be found in Antitrust laws. These laws are concerned with those large corporations which have a majority of market share, mergers and acquisitions.

  Questions on business law and ethics

Examples of securities that are exempted from the registration provisions of the 1933 Act and involving misstatement of material facts in a prospectus.

  Discuss the doctrine of ratification of pre-incorporation

With the aid of a decided cases, discuss the doctrine of ratification of pre-incorporation contract.

  Discuss the extent of phoenixing activity

It has been estimated that about 6,000 phoenix companies operate in Australia, costing government and the community hundreds of millions of dollars per year and impacting on individuals.

  Application of law to facts

Company Law, Application of Law to Facts and Conclusion.

  Question on business law and ethics

This assignment related to business law.

  Questions on business law

Answer all the questions under business law.

  Iidentify the issue raised by the facts

Iidentify the issue(s) raised by the facts, identify the relevant legal principles, apply the relevant legal principles to the facts, reach a conclusion.

  Evaluation of software development

Prepare a report and present an evaluation of the subsequent methodologies for software development in terms of cost, resources and time.

  Business value and ethics

Business value and ethics,  Bart agrees to put Sam's Super Bowl champion-ship autographed football in his sports store to sell for $1,500. Sam agrees to pay Bart a 15% commission for selling the ball. If Joe comes in the sports store and offers Bart ..

  Explain what is meant by income by ordinary concepts

Advise what tax consequences arise in respect of the payments.

Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd