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3. Suppose that an open-air amphitheater is built several miles from a residenti

ID: 1114285 • Letter: 3

Question

3. Suppose that an open-air amphitheater is built several miles from a residential community. After the construction is completed it is discovered that the sound from rock concerts ricochets off low clouds and regularly disturbs local residents between the hours of 10:00 p.m. and 1:00 a.m. during summer nights. Explain how the owner of the theater and the residents could reach an agreement to resolve the problem. Consider two alternative cases: (1) a judge rules that the community has a right to peace and quiet and (2) a judge rules that the amphitheater has a right to make noise.

Explanation / Answer

1) if a judge rules out that the community has rhe right to peace and quiet than the judge may order the the owner of the amphitheater to bring a change in the timings of the concert rather than starting it from 10 pm in the night he may order it to take effect from 6 in the evening so that the show ends up at a reasonable time in the night so as the local residents are not getting effected or their sleep is not getting disturbed which is the sole aim of agreement between the owner of amphitheater and locals residents.

2) a judge rules out that amphitheater has the right to make a noise in the sense that the sole aim of building an amphitheater is to conduct concerts and also it has been built away from the residential area but the noise ricochets in low clouds during summer nights which is not the fault of the amphitheater do if a judge rules out this then local residents and amphitheater owner have to compromise against this .

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