Injunction

Kennaway v Thompson [1981] QB 88 an injunction was granted to the claimant on appeal. The claimant had built a house near to a lake on which the Cotswold Motor Boat Club had been engaging in races for a number of years. The claimant was aware of the activities of the club before building the house but did not think that the clubs activities would cause her any problems. However, subsequent to the claimant taking up residence the club activities increased in frequency and larger boats were used which substantially increased to level of noise. In this case the court provided a balance between the public interest, the national and international events that were organised by the club were attended by large numbers of member of the public, and the private interests of the claimant. The injunction placed restrictions on the frequency of large noisy events but did not go as far as curtailing the clubs activities altogether. Accordingly, the courts will, when considering remedies take into consideration questions which affect the public interest, employment, the economic interest of the community and the social utility created by the defendant in addition to the interests of the claimant. There are generally three remedies available in private nuisance. Namely, injunctions, abatement and damages. In cases such as this there is a continuing nuisance. Generally speaking the usual remedy in such circumstances would be to seek an injunction to impose a limitation on the…

Among the software provided by MAI is the operating system software necessary for the computers' operation.29 Peak Computer, Inc. provides routine maintenance and ordinary repairs for computer systems. Prior to the dispute, a majority of Peak's business came from the repair of MAI computers." On March 17, 1992, MAI filed suit in district court against Peak, alleging in part that Peak's use of MAI software constituted copyright infringement and seeking a temporary restraining order and a…

fitting the requirements for stalking, but also has displayed a weapon. The victim of the offense was less than eighteen at any during the offender’s course of conduct, with the offender also been five or more years older than the victim. They are also in violation if they have previously been convicted of stalking with seven years of the current incident. An individual is in violation of the aggravated stalking statute if they make credible threats to the victim, victim’s child, sibling,…

the victim abuser is arrested for domestic violence (family.findlaw.com. n.d.). Yet, this order is only for a limited time which may consist of three to seven days and it gives the victim time to request a longer-term protection order (family.findlaw.com. n.d.). Therefore, the victim can request an actual protection order which is longer in term and will protect the victim better. Fortunately, protection orders are in all 50 states as well as the District of Columbia but some states called…

Name of the Case: Town of Castle Rock v. Gonzales, 545 U.S. 748, 2005. 2. Facts: After her divorce, Jessica Gonzales was granted a restraining order against her ex-husband by a state trial court in Colorado. The restraining order prohibited the ex-husband from disturbing Ms. Gonzales and her three daughters and ordered him to stay at least 100 yards away from the family home. The ex-husband / father was granted visits with his children on alternating weekends, for two weeks in the summer and for…

It is imperative to speak with professionals in the criminal justice department as it is one of the avenues of learning. Learning is not always from books, but sometimes from observation and even questionings. For this purpose an interview was conducted between myself and an attorney who deals with domestic violence. Although it is a difficult subject, listening to them speak allowed me to realize another importance. That was being present in a courtroom to help filter any other information…

positions with the company upon notification (Carbonara v Bank of N.Y. Mellon Corp, 2014). Greene’s Jewelry executed a similar downsizing and eliminated all of the junior executive secretary positions within the company. Unlike Bank of N.Y. Mellon Corp, Greene’s Jewelry did not know of Ms. Lawson’s pregnancy until the time of notification. Another matter of precedent is Woods v The Boeing Co. (2013) concerning breach of confidentiality. In that case, Mr. Woods breached his contract of…

Introduction: For this paper I decided to stay close and attended court at the Mesa County Court House, this court house is a District and County Court house. The judge proceeding over this case was Judge Mcnaulty. The case I thought I was going to be observing was between Steve and Samantha Cejka and was in court room number seven at eight am in the morning. However what I did not realized about the court was that there were several cases to be heard by the judge and they were at the same…

Introduction The following memorandum has been produced in order to articulate the strengths of Greene’s Jewelry’s legal claim, as well as the strengths of the company’s defense against charge. The aforementioned legal claim is in regards to the termination of former Junior Executive Secretary Jennifer Lawson, and her breach of confidentiality agreement. Jennifer was required to sign a confidentiality agreement when she was hired by the company. The confidentiality agreement stated she would…

Greene’s Jewelry Wholesale is a manufacturer and distributor of high-end costume. The business is currently located at Derry, New Hampshire, with one warehouse and two store-front shops. They have about 502 employees working in various department throughout the company. The primary asset of Greene’s Jewelry is a patented process of creating a synthetic gold-colored material called “Ever-Gold.” This material is used in all their jewelry and is marked as “everlasting gold” because it is residences…