Create a 4 pages page paper that discusses identify and explain the potential claims which arise from these facts. in your view does the law strike fair balance between the rights of colin, toby and sue. It may be an act of omission or commission. Tort may arise out of commission as when the defendant makes a noise by running of his mill. It may arise out of omission where the defendant does not secure his cow which then runs on the neighbour’s garden and damages his precious plantation.
Occupier of premises: Usually the occupier of the premises is the owner thereof but sometimes the tenant may be the occupier, and sometimes the person who is given the charge of carrying out repairs when the landlord is living elsewhere.
Trespass: Trespass is the violation of property of the claimant by the defendant. It may be caused by entering into a property which is fenced with a warning to keep out. In cases where the defendant strays on to the property because there is no other way to reach his destination the trespass id not actionable.
Nuisance: Nuisance is the violation of the right to enjoyment of property, for the purposes of this paper, nuisance should be taken to mean that the act or omission is causing disturbance in the claimant’s enjoyment of the property which includes rights that arise of the land.
Trespasser’s rights and liabilities: The trespasser is guilty of trespass and liable in torts for that intrusion in another’s property when he has not entered in to the property either by invitation or authority or otherwise when he has no duty to enter the premises.
The circumstances give rise to multiple claims for all three parties against each other. The trespass and subsequent damage to the chicken run and loss of business caused due to the chicken straying gives rise to cause of action for Colin against Toby. Colin also has a remedy in criminal law against Toby. Under the Occupier Liability Act 1984, Toby has a claim against Colin for the physical damage suffered by him. Sue has a right of action against Colin for the nuisance caused to her due to the increased noise caused by the straying chicken.