FILM REVIEW: NEIGHBOURS
SUBJECT: LAW OF TORTS
SUBMITTED TO: PROF. ARUNA VENKAT
National Academy of Legal Studies and Research University of Law,
Hyderabad.
SUBMITTED BY: MRUDULA KARUMANCHI,
B.A., LLB. 1ST YEAR,
1ST SEMESTER,
ROLL NO. 2015-22.
TABLE OF CONTENTS:
I. Introduction: 3
II. Synopsis of the movie: 4
III. Analysis: 5
1. Nuisance: 6
Elements of Nuisance: 6
Scene in the movie: 6
Case laws: 7
2. Trespass to land: 8
Elements of Trespass: 8
Scenes in the movie: 8
Case: 9
3. Battery: 9
Elements of Battery: 10
Scenes in the movie: 10
Case A: 10
Case B: 11
IV. American tort law: 12
V. Conclusion: 12 I. Introduction:
‘Neighbors’ is a American comedy film. It is directed by Nicholas Stoller and written by Andrew Cohen
…show more content…
Tort is a civil wrong which is different from a crime. Crime is against the public or society and the person who commits crime is punished in the form of imprisonment or fine or both whereas in tort the action is brought by an individual.
The essential constituents of tort are: 1) Wrongful act; 2) Damage (legal or actual); 3) Legal remedy. II. Synopsis of the movie:
In this movie the main characters Mac and Kelly Radner are a young couple. They have a newborn daughter, Stella. The couple, to their surprise finds out one morning that a fraternity called ‘Delta Psi Beta’ has moved into their adjacent house. Usually a fraternity is the union or association of men in a brotherhood often dedicated to some cause. This fraternity is known for their outrageous parties with loud music and they burned down their previous house.
…show more content…
By entering on the land of plaintiff without justification.
2. By remaining there without justification.
3. By doing an act affecting the sole possession of plaintiff without justification.
Scenes in the movie:
A. In a scene in the movie, the Delta Psi fraternity dumps their garbage into the garden of their neighbors, the Radners without any lawful justification. They dump their garbage in order to annoy their neighbors intentionally. The act is affecting the sole possession of plaintiff without justification (the third type). This act is trespass to land because:
i. The Radner couple (Mac and Kelly) has the exclusive possession of their house which also includes their garden. Possession of the property is enough in trespass but not the title. ii. There is a constructive entry by dumping garbage. Every interference by deliberate placement of matter (tangible or intangible) with the land of another is constructive entry. For example, throwing stones, releasing fumes.
Wrongful act: Dumping the garbage.
Damage: Invasion of private property.
Remedy: When an action for trespass is brought against the wrong doer he might get
Figueroa might explore avenues of recovery as a licensee or even as a known trespasser. It is important to note North Park knew of the parking lot’s use by the daycare center for years prior. North Park did provide security by hiring off-duty police officers to patrol the parking lot. The Voluntary Undertaking Doctrine has allowed a plaintiff to recover even if the defendant conducted no direct action to assist the plaintiff.
Gauze contrasts Hawthorn’s case as the defendant in Gauze never stopped occupying his apartment before committing the offense, so he still had an absolute right. •
Agnes Maples, 90, would have been forced to pay hefty fines of up to $2,500 per day if she did not get her property cleaned up. Her neighbors had complained about the messy yard, but little did they know, it wasn't actually Maples' mess. A relative of the elderly widow's had been storing his belongings and dumping his trash in her yard for years. When the city decided to take action against Maples, she tried to get her relative to move his junk, but he would not remove it and the task proved to be too difficult for Maples to do on her own.
App. 2d 812, 817 (1966)). In Lamont R., a chain and hook contraption securing a trailer door with a broken shipment seal failed to lock the vehicle. Id. The defendants gained access to the trailers by unhooking the chains, unfastening the latches, and opening a door. Id. at 246.
The Rhalys’ homes were flooded twice- first on July 30, 2002, and again on April 6,200.3. After the first flood, the Rhalys brought suit against the city, alleging that the ditch had not been properly maintained, and against BFI, Inc. and Waste Management of Mississippi, Inc., alleging that they each negligently placed a dumpster too close to the ditch. After the 2003 flood, the Rhalys brought another suit, alleging that the second flood had been caused the same way, except that it involved only a single dumpster owned by Waste Management. The trial court consolidated the two cases. The City timely filed answers to Rhalys’ suits, but trial court struck the answers as a sanction for a discovery violation.
When the Europeans first arrived in Australia, Indigenous Australians lost all their land rights. This was mainly due to the Europeans claiming that Australia was Terra nullius. Terra Nullius was a international law stating that if territory was not owned, it was to be given to the first nation to discover it and entitled to take over. The Europeans did not recognise the Aboriginals and Torres Strait islander people as the traditional owners of Australia and therefore took all there land rights. The indigenous people were then constricted by the terra nullius rule from 1788 to 1991.
That is why law 48 is just. Law 53-54 says that if you flood another 's field than you shall pay him the cost of his field and the crops. This is fair because you destroyed this man 's property now you should have to make up to him what you took away. These are my reasons that the code is
The town of Holcomb consisted of just 270 people where “drama, in the shape of exceptional things, had never stopped there” (Capote 15). Holcomb was a community where everyone knew each other and the people were accepting and friendly to new-comers. The people were nurtured into this way of life, thinking that everything is peachy, along with everything in the outside world. The problem is that no one would’ve been prepared for the crime that abruptly occurred in the city. An outside source trespassed into the community of Holcomb, disrupting the peace of the city and the people’s daily lives.
It is stated that private property of people shall not be taken for public use, without just
Property means that people shall own land, food, or any tool that can aid them in
Everyone was living in a small living space for weeks. People’s property is theirs, and they should be able to do as they please with it. No one should interfere with a person’s home without
Forcing the colonist to basically hand over land. (“American
My kidney, My life My Sister’s Keeper is a 2009 American drama film directed by Nick Cassavetes and starred by Cameron Diaz, Abigail Breslin, Sofia Vassilieva and Alec Baldwin. It was also based on a novel of the same name. The film was released to cinemas in the United States, Canada, Ireland, Mexico and the United Kingdom. https://en.wikipedia.org/wiki/My_Sister 's_Keeper_(film) Short summary Anna Fitzgerald’s sister, Kate is dying of leukaemia and needs a kidney.
To be granted 'native title ' they must prove that they have not done anything to break their connection to the land, such as selling or leasing the
There are three main principles of Nozick’s entitlement theory: justice in acquisition, which accounts how people come about to own things; justice in transfer, where whatever is justly acquired can be freely transferred as the owner has absolute property rights over it and thirdly, rectification of injustice, which is how to deal with property that has been unjustly acquired or transferred. An example of this is that if one owns a beach house, the