Nuisance and Tresspass Essay Example | Topics and Well Written Essays - 1750 words

Nuisance and Tresspass - Essay Example This has caused David and his family to lose sleep through noise from the factory operations and noise from wagons coming to and leaving the factory. This is the background situation in this case where recent developments like the winning of many contracts for Harrington & Nephew Company has resulted in interference with the normal life for David and his family. David’s family has suffered a lot of harm from these recent developments. They include The rose tree that they were given on the day of their wedding has dried up. David’s wife has developed an allergy due to the dust that is emitted fro the factory. David’s family cannot sleep due to the noise that never ends day and night. The paintwork on David’s car has been destroyed because of the chemical smuts emitted from the factory’s chimney. As a result of the happenings described above, Wally, David’s son has stormed the factory and goes around searching for the manager so that he may giv e him apiece of his mind. Finding that the manager absent, he causes chaos and in the process a window breaks. The secretary insists that he leaves the factory but he defies. This paper is going to look at the liabilities that the construction company may have to David and his family and whether there may be any defences or remedies for the same. It is also going to explore whether the company may have any case against the family. The major concerns of the paper will be nuisance and trespass. After having explored what these two entail, we will advise Harrington & Nephew on any liabilities that they may have on David’s family. Nuisance Nuisance can be classified into either private or public. Private nuisance is committed where one person who is usually the defendant substantially and unreasonably interferes with another person’s right to use and enjoyment of their land. In our case, this is what happening to David’s family. Unlike trespass, interference can amo unt to a private nuisance even if it is not direct or intentional. A person’s use and enjoyment of their land might be interfered with by things such as dust, noise or vibration (Lemmon V. Webb (1894)). However, claims relating to an interference with privacy do not amount to nuisance as only Complaints about ordinary and reasonable uses of land are held viable. Private nuisance is therefore not available where the land is used for a particularly sensitive purpose or the one claiming to be affected is usually sensitive. In order to determine whether the interference is substantial and unreasonabl

Advantages and Disadvantages of Using Emissions Permit System Essay - 1

Advantages and Disadvantages of Using Emissions Permit System - Essay Example A broad spectrum of concerned individuals and corporations are in agreement over one basic fact: a price-tagged emission of global-warming greenhouse gases is an idea whose time is ripe. Whether not available for now, legal, binding pricing mechanism on the use of traditional fossil fuels seems all but inevitable in the 21st century. Nevertheless, pricing carbon emissions remain in dispute among policymakers and academics voicing backing to the old command controls. Evidently, nations only possess limited experience with the cap-and-trade system in controlling greenhouse emissions. This paper endeavors to highlight the intrinsic worth and costs of implementing a cap and trade policy in pollution abatement. Emission trading permits with a pricing scheme on carbon usually strives to achieve two interrelated but beneficial ends: discouraging— with increasingly inhibitive economic costs — the use of traditional sources of energy such as oil, natural gas and coal, to inspire the development of innovative renewable sources of energy that are less costly to the environment (Wills, 2006). Cap-and-trade policy instruments place progressive harsher limits on the usage of fossil fuels by conditioning pollution limits from industrial power plants among other major emitters of greenhouse gases through licensing. Extra emissions above the prescribed limits are surcharged prohibitively. In contrast to the traditionally regulatory command models that were rather rigid with regards to the requirements specified outcomes irrespective of the costs incurred, the prohibitive costs in cap and trade systems provide the needed incentives to either shift to the best alternative sources or to make more than necessary steps for compliance.