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Summary English legal topics module 3+4
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Answers to the questions of the legal topics of module 3+4
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Legal topics: module 3 & 4NUISANCE (page 2-4)
Vocabulary introduction text (page 2)
Tort Onrechtmatige daad
Interference Verstoring
Disrupted Verstoren
Hazard Gevaar
Make a claim in nuisance Schadevergoeding eisen wegens
overlast
Claimant Eiser
Defendant Verweerder
Statue Wet
Restrained Gedekt worden door
Remedy Rechtsmiddel
Damages Schadevergoeding
Injunction Gerechtelijk bevel
Punishment for contempt Straf wegens minachting voor de
rechtbank
1.2.2 answer the following questions (page 3)
1. what area of common law is nuisance part of?
= tort law
2. what are two types of nuisance?
= private and public
3. who has the right to enjoy quiet possession of their land(s)
= all residents
4. is trespassing a form of nuisance?
= no
5. give an example of annoying behaviour that doesn’t constitute
nuisance
= if your neighbour paints their house purple
6. what are the two main remedies in nuisance cases?
= payment of damages and an injunction
7. what final step can be taken with the second remedy?
= punishment for contempt
, Video definition of private nuisance: digitap! (page 3)
Decisive factors:
1. an unreasonable use of land
2. leading to an indirect interference
3. with the claimant’s use er enjoyment of land
Factors of reasonableness:
1. setting up a transport firm in a residential area can be considered a nuisance
2. the longer it lasts the likelier it will be considered unreasonable
3. if you use the land for an unusual or delicate use
4. your neighbour produces nuisance because they don’t like you
CONTRACTS (page 5-8)
-> the legal terms contract and agreement are interchangeable
2.1.1 reading comprehension 1 (page 5)
Main points
1. Although oral agreements can exist in English law, how does the case
of Hadley v Kemp show they are not always ideal?
= the existence of an oral agreement can be difficult to prove
Details
1. What do most people talk about when askes what a contract is?
= they will talk about a piece of paper, something in writing
2. Give examples of when we can make contracts which are not in
writing, perhaps not even put into spoken words
= when we buy goods at the supermarket, getting a bus or train ticket, when
we put money into a machine to buy chocolate (= vending machines)
3. What did the other members of Spandau Ballet want from songwriter
and group member Gary Kemp?
= they wanted royalties received for the group’s music
4. Was their legal action successful? Why (not)?
no, they were unable to prove the existence of any oral agreement
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