Nick, who has recently returned from a holiday in Europe, has come to you to ask for legal advice. He is very distressed by the events that have taken place during and just after his return from holiday. 

Before leaving for holiday, Nick had asked Cindy to feed his cat, bring in his mail and mow his lawn while he was away. For the first week of Nick's holiday, Cindy came and went doing what she had been asked.

In the second week however, she fell ill and, bedridden, did not make it to feed the cat. The cat was very hungry and one night whilst sitting on the garage roof of the garage in the backyard of Nick's property started meowing very loudly. Jacob, the neighbour on the right of Nick's property, became very angry at the noise. He had always despised cats. He took a gun from his cupboard (for which he held a licence to shoot) and shot the cat. When Cindy returned to the property the following week, she found the dead cat. She was horrified and started screaming. As she ran from the house, Jacob who was sitting on the front porch yelled after her: 'the cat got what it deserved, I shot it!'. Cindy immediately notified Nick who was distraught at the news of the death of Mittens.

Nick is also upset by the actions of Asha, the neighbour to the left of his property. While Nick was away, Asha decided to erect a sculpture beside his fence. The tip of the sculpture hangs over the side of Nick's fence by about 50cms. The sculpture is approximately 5 metres high. 

A few days after his return from Europe, Nick was greeted at his front door by Constable Brawn. Constable Brawn said that he wished to speak to Nick about some break and enters that had recently happened in the area. Nick did not want to answer his questions and asked him to leave. Constable Brawn refused to leave until Nick had given some sort of statement. 

 

What advise should be given to Nick in relation to any rights he may have against Jacob, Asha, and Constable Brawn. 

What advise should be given to Jacob in relation to any rights he may have against Nick?

Answer rating: 100% (QA)

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