Tortious Liability

[Paul Jeapes]

I'm currently studying to complete a degree in Quantity Surveying and i've reached the law section of my course. It's hard going!!! Basically i was hoping someone could offer me some assistance, this is the situation i have to advise on

"Louth started operating a sawmill in a small village. He has leased the premises for a 10-year period from Spalding who has told him to be careful about the noise and dust. To complete a large order, he has had to work late at night for the last month. The noise prevented Mavis, the wife of Horncastle who owns the market garden next to the mill, from getting to sleep at night. Louth has installed the best wood dust extraction equipment available, but last week the equipment malfunctioned and blew dust over the village. Much of the dust settled on Horncastle’s garden and ruined a large number of sensitive orchids which he was about to send to the flower market. Last night there was a thunder storm and lightning set fire to wood stored in the mill yard. Louth had not had time to purchase any firefighting equipment and, because of the way he had stored the wood, the fire quickly got out of control. It spread to Horncastle’s property where it destroyed two tool sheds before the fire brigade brought it under control.

Advise Louth of any tortious liability that he may have."

Now i know the legal principles i should be applying these are Private Nuisance for the dust spillage, negligence for the fire and then perhaps occupiers liability towards spalding?

My only issue is the setting out of a Legal Advice letter? How should i start the letter?

Regards
Paul

[Zigner]

Originally Posted by Paul Jeapes

I'm currently studying to complete a degree in Quantity Surveying and i've reached the law section of my course. It's hard going!!! Basically i was hoping someone could offer me some assistance, this is the situation i have to advise on

"Louth started operating a sawmill in a small village. He has leased the premises for a 10-year period from Spalding who has told him to be careful about the noise and dust. To complete a large order, he has had to work late at night for the last month. The noise prevented Mavis, the wife of Horncastle who owns the market garden next to the mill, from getting to sleep at night. Louth has installed the best wood dust extraction equipment available, but last week the equipment malfunctioned and blew dust over the village. Much of the dust settled on Horncastle’s garden and ruined a large number of sensitive orchids which he was about to send to the flower market. Last night there was a thunder storm and lightning set fire to wood stored in the mill yard. Louth had not had time to purchase any firefighting equipment and, because of the way he had stored the wood, the fire quickly got out of control. It spread to Horncastle’s property where it destroyed two tool sheds before the fire brigade brought it under control.

Advise Louth of any tortious liability that he may have."

Now i know the legal principles i should be applying these are Private Nuisance for the dust spillage, negligence for the fire and then perhaps occupiers liability towards spalding?

My only issue is the setting out of a Legal Advice letter? How should i start the letter?

Regards
Paul

1) US LAW ONLY!

2) We don't do homework.

[Paul Jeapes]

Ok sorry for wasting your time.