Thursday, June 13, 2019
Internal Legal Memorandum Term Paper Example | Topics and Well Written Essays - 500 words
Internal Legal Memorandum - Term Paper ExampleWhen Jones walked over to the Colt house to complain, they set the wienerwurst on her and she narrowly missed being bitten, falling belt down in her holy terror and because of her recent hip surgery. She returned home in a complete panic and developed a nervous tic and paranoid about leaving her homeThe major lie withs raised in this case would be (a) nuisance (b) harassment (c) violation and (d) intentional infliction of emotional distress as well as (e) criminal destruction of property. The first issue arises because of the noisy parties at nights, with bright lights in the backyard and during the day, the children trying to send their balls into Jones birdbath. The harassment arises because of the way the Colts responded to her request to stop the nuisance activities with the threat to unleash their dog on her. The assault issue arises because the dog Sirius did thusly attack her and would have quite likely caused actual physical harm if it had not been distracted by another dog. As it is, the dog caused injuries because Jones fell down and hurt her hip that had recent surgery. The intentional infliction of emotional distress arises because of the way the Colts responded to her grievances, with animosity and an attitude of conflict rather than amity and cooperation. The last issue of criminal destruction of property arises because of the fence the Colts built that impeded the access to sunlight of the plants in Jones garden.The rule on nuisance would assess how much stochasticity was caused to the Plaintiff and whether this could be deemed intrusive of her right to peace and privacy. The rule on harassment requires the plaintiff to demonstrate externally that there were hurt or wound feelings arising out of the harassment. In a case of assault, the balance would be between the forseeability of harm against the burden of preventive measures.
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