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Prepare and submit a discussion document answering the question set out below. The answer should not exceed 2,000 words ? a 10% margin is permitted. The word count should be stated on the front cover of the answer and submissions will be penalised for exceeding the word limit. Any submission, which does not indicate a word count, will be deemed to contain 3001 words. The penalty provisions are as follows:
Word count 2,200 to 2,500 a reduction in student mark of 5 marks. Word count 2,500 to 3,000 a reduction in student mark of 10 marks. Word count exceeding 3,000 a reduction in student mark of 20 marks.
The word count should include all material except the bibliography.
Students must not only submit a hard copy of their assignment for marking but must also submit an electronic version to WebCT which will be checked against plagiarism software. The assignment will be deemed not submitted until both the hard copy and the electronic copy have been received.
The submission should be strictly in accordance with the following instruction:
1) Thesubmissionshouldbetypedusingfontsize12inArielfont;
2) Singlelinespacing,butleavingaspacebetweenparagraphs.
3) Students should make copious use of sub-headings that should be in
bold type and underlined.
4) Listsoffactsoritemsshouldbebulletpointed.
5) Where case law is used in the answer, the name of the case should
be typed in bold italics, and the full reference given as a foot note.
6) Alltextshouldhavebothmarginsjustified.
7) Donotmakeuseofseparatetitlepagesorblankpages.
8) The submission should be stapled in the top left-hand corner only,
and under no circumstances should students use any form of
binder or plastic folders or plastic sleeves!
9) Thesubmissionmustbewritteninthethirdpersonthroughout(useof I, me, my, you, your etc are strictly forbidden);
10)Students must proof read their work before submission for good grammar, use of English, choice of words and spelling etc..
11)All work must be properly cited and referenced using the Harvard System of Referencing (see Quote Unquote from the University?s website).
Marks awarded for presentation will reflect how closely the student has adhered to the above instructions.
The final date for submission is Friday 20th April at 12:00 Noon.
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Question
Students are to answer the following question, which concerns nuisance and trespass. There are some statutory issues regarding environmental protection in the scenario but students should ignore these and address only those matters that relate to private and public nuisance and trespass.
David has recently bought his first house where he now lives with his wife and children. The house is located on Highfield Road opposite a factory unit (situated on Highfield Road in the Edward?s Industrial estate) owned by Harrington & Nephew Ltd. in which pre-cast concrete units are manufactured. Harrington & Nephew Ltd. was recently successful in winning various contracts which have resulted in the factory operating all day and throughout the night. 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.
Aimee, David?s wife has developed an allergy to the dust, which is emitted from the factory and now has to use inhalers every day. The family is unable to sit out in their garden and enjoy the summer due to the dust and noise, and a rose tree which they brought with them and was given to them as a wedding present 15 years ago has now died ? a horticultural expert says it is because of how the dust is affecting the soil.
Wally, David?s son parks his car outside the house on the road and the paintwork has been damaged by chemical smuts emitted from the factory?s chimney. Wally is so incensed by this that he immediately goes round to the factory uninvited and storms into the manager?s office to give him a piece of his mind. The manager is not there and because of Wally?s attitude and general manner, the secretary insists that Wally leaves the premises immediately. Wally refuses to do so. This results in something of a scuffle and as a result a window is broken.
Advise Harrington & Nephew Ltd as to any liabilities they may have to David and his family, and any defences or remedies that may be applicable, along with any case they may have against David and/or his family.
Assessment
When assessing the above coursework the following will be taken into account:
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Structure of answer ? logical discussion of principles.
Accurate use of English, (spelling, grammar, punctuation etc.) Clear identification and explanation of legal principles, etc Referencing of work e.g. use of cases, statute and commentators.
The application of the legal principles to the given factual situation.
Clear advice and conclusions.
Assessment criteria
Presentation (compliance with instructions 1-11 above, but especially use of English)
10%
Structure (persuasiveness/balance) 10%
Identification, discussion, explanation and application of legal principles (relevance/clarity/accuracy/completeness) 60%
References (cases/statute/commentators and compliance with Harvard) 10%.
Conclusions and advice 10%.
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