Case study of potential liability in the law of tort - Free Essay Example

Sample details Pages: 11 Words: 3160 Downloads: 5 Date added: 2017/06/26 Category Law Essay Type Case study Tags: Act Essay Tort Essay Did you like this example? Introduction In this paper, I will advise Druid Sons Ltd as to its potential liability in the law of tort, specifically in regard to the losses and injuries caused to David and Percy, respectively, by the discharge of excess chemical fumes from its waste treatment plant; and, more generally, in regard to potential claims from nearby residents and businesses in regard to the interference caused to their TV, broadband and mobile phone reception. While it is likely that each of these potential categories of claim would be brought in the tort of private nuisance[1], it should be noted that this tort has developed into two separate categories, defined by the nature of the damage suffered, each with its own particular legal requirements. Before one can advise on which category should apply in any given case, it is first necessary to understand the historical and, to some extent, public policy context of this development: Historically, the tort of private nuisan ce was considered to be a strict liability tort. Don’t waste time! Our writers will create an original "Case study of potential liability in the law of tort" essay for you Create order However, during the Victorian era, there was growing concern that the strict liability nature of this tort would interfere with the industrialization process[2]. Therefore, in the case of St Helens Smelting Company v Tipping (1865)[3] a distinction was introduced between the approach which should be adopted in cases where à ¢Ã¢â€š ¬Ã…“the alleged nuisance produces material injury to [a] property,[4]à ¢Ã¢â€š ¬Ã‚  and the approach which should be adopted when the nuisance complained of involves à ¢Ã¢â€š ¬Ã…“personal inconvenience and interference with oneà ¢Ã¢â€š ¬Ã¢â€ž ¢s enjoyment, oneà ¢Ã¢â€š ¬Ã¢â€ž ¢s quiet, oneà ¢Ã¢â€š ¬Ã¢â€ž ¢s personal freedom [or] anything that discomposes or injuriously affects the senses or the nerves[5]à ¢Ã¢â€š ¬Ã‚  In the former case, the tort of private nuisance was to be considered a strict liability tort; whereas, in the latter case, the Court, when determining whether or not to impose liability, was deemed entitled to consult such factors a s the reasonable residential expectations[6] and also the personal sensitivities of the complainant. With this development in mind, let us now turn to examine the likelihood of David and Percy being able to bring successful claims against Druid Sons in the tort of private nuisance, and also the likelihood of claims being brought by other residents for interference to their TV, broadband and mobile phone reception: David v Druid Sons in the tort of private nuisance: The first thing to note is that David will only be able to bring a claim against Druid Sons if he possesses a proprietary interest in the land in question (i.e. the land on which the grass was being grown)[7]. On the facts, there is no indication that David does not possess such an interest. In regard to which branch of the tort will apply in this case: As per our earlier analysis, because the damage suffered by David is material in nature, in that its extent does not depend upon his own preferences and/or sensitivities, the strict liability branch of the tort of private nuisance will be applicable, and it is therefore irrelevant whether or not the Druid Son recycling plant existed before David commenced using his land for rearing Jersey cows[8]. In regard to proving that the damage suffered was actually caused by the excess chemical discharge in question: So long as the existence of this excess discharge can be proved on the balance of probabilities and also that the chemicals in question are likely to interfere with the health of livestock, if ingested, then the Court will not require David to prove that it was this chemical discharge which caused his Jersey cows to become ill. This damage will likely be presumed in accordance with the principle handed down in the case of Fay v Prentice (1845)[9]. In regard to David being able to satisfy the test of remoteness applicable to the tort of private nuisance: In the case of McKinnon Industries Ltd v Walker [1951][10] it was held th at damage caused to crops, by the excess emission of Sulphur Dioxide, from a neighbouring industrial plant, was not too remote a type of damage to be deemed actionable in this tort. In my opinion, if this type of damage is to be considered actionable in the tort of private nuisance, then so too should the damage arising as a foreseeable and direct result of crops becoming contaminated in this way: Where grass crop is being grown for the purpose of feeding livestock then, if one accepts that the damage to these crops is actionable, then it follows that damage to the livestock as a result of their eating these crops will also be deemed actionable by the Courts, although only to the extent that this damage has affected the value of the land[11]. In regard to the defences available to Druid Sons: It is unlikely that it will be able to rely upon the defence of statutory authority, even if it has complied with its statutory obligations under the relevant environmental regulatory instr uments, unless it can be shown that the excess emissions complained of were an unavoidable result of the licensed industrial activities being undertaken[12]. In this case, the excess emissions could have been prevented, presumably, by employing a higher capacity fume collection system. It will also be impossible for Druid Sons to rely upon the defence of twenty yearsà ¢Ã¢â€š ¬Ã¢â€ž ¢ prescription, because this would require evidence that the plant has been emitting excess amounts of chemical compound for a continuous period of twenty years, which is not the case, as the excess emissions complained of were à ¢Ã¢â€š ¬Ã‹Å"unexpectedà ¢Ã¢â€š ¬Ã¢â€ž ¢ and a result of a à ¢Ã¢â€š ¬Ã‹Å"particularly busy period of workà ¢Ã¢â€š ¬Ã¢â€ž ¢. In conclusion, it is likely that David will be able to bring a claim against Druid Sons in the private tort of nuisance; although the damages available to him will be limited to the damage caused to his the value/ amenity of his land. In this reg ard, he will not be able to recover the cost of his veterinary bills via the tort of nuisance, but will be entitled to some compensation for the temporary (or permanent) loss of the amenity of his land, presuming that he had to relocate the cows to another field, or decontaminate the land in order to restore its utility. In order to recover these specific veterinary costs, it will be necessary to bring a concurrent claim in the tort of negligence. David v Druid Sons in the tort of negligence: While there will be no difficulty establishing a duty of care, in light of the physical proximity of the parties[13], because the emissions in question were à ¢Ã¢â€š ¬Ã‹Å"unexpectedà ¢Ã¢â€š ¬Ã¢â€ž ¢, it might be possible for Druid Sons to argue that they were not in breach of this duty because there was no way that any waste plant, however competent, would have predicted these effects. If the Court is satisfied that the plant did adhere to all relevant professional standards, it is highly unlikely that a claim for negligence brought by David would be successful[14]. However, if the excess emissions could have been predicted as a result of accepting a larger than usual amount of work, then it is likely that Druid Sons will be considered to have acted in breach of its duty of care towards David. However, in order to claim damages for the veterinary costs, David must prove that, on the balance of probabilities, his cows would not have required treatment à ¢Ã¢â€š ¬Ã‹Å"but for[15]à ¢Ã¢â€š ¬Ã¢â€ž ¢ the negligence of Druid Sons. The result of this enquiry will depend upon expert testimony. Presuming that factual causation can be established, the final element of the tort of negligence which must be satisfied is the test for remoteness of damage. The appropriate test in such cases is one based upon factual assessments of reasonable foreseeability[16]. I see no problem here: In the case of Stewart v West African Terminals Ltd [1964][17] it was held that à ¢ â‚ ¬Ã…“it is not necessary that the precise concatenation of circumstances should be envisagedif the consequence was one which was within the general range which any reasonable person might foreseeand anticipate.à ¢Ã¢â€š ¬Ã‚  In conclusion, presuming that David will be able to prove factual causation on the balance of probabilities, he will likely be able to bring a successful claim in the tort of negligence to recover the costs associated with the treatment of his cows. Percy v Druid Sons in the tort of private nuisance for the damage caused to his crops: The major difference between Davidà ¢Ã¢â€š ¬Ã¢â€ž ¢s claim in the tort of private nuisance and that which may be brought by Percy is the fact that Percyà ¢Ã¢â€š ¬Ã¢â€ž ¢s land is several miles away from the plant whereas Davidà ¢Ã¢â€š ¬Ã¢â€ž ¢s land is immediately adjacent to it. Therefore, even if the Courts presume damage in accordance with the principle espoused in the case of Fay v Prentice (1845)[18], ther e may be difficulty in proving that the damage in question was reasonably foreseeable. After all, the decision in the case of McKinnon Industries Ltd v Walker [1951][19] was made in regard to damage caused to crops on a neighbouring farm. This assessment will depend upon evidential considerations, such as the likelihood of emissions travelling several miles, the degree of dissipation which would likely have occurred over that distance and how these factors ought to affect the reasonable foreseeability of the kind of damage suffered by Percy. Presuming that the test for foreseeability can be satisfied on the balance of probabilities, then Percyà ¢Ã¢â€š ¬Ã¢â€ž ¢s claim in this regard will likely be successful and he will be able to recover the losses sustained to his land[20]. Percy v Druid Sons in the tort of private nuisance for personal injury: Generally, damages for personal injury are not recoverable in the tort of private trespass. However, in the Hunter case it wa s held that a claimant can recover for his loss of amenity (of his land only) as a result of the person injury in question, for example if the value of the land has decreased as a result of it being dangerous to occupy. In this case, because the excess emission causing the damage was a one-off à ¢Ã¢â€š ¬Ã‹Å"unexpectedà ¢Ã¢â€š ¬Ã¢â€ž ¢ event, it will be difficult for Percy to argue that the private nuisance has caused the value of his land to significantly decrease in this way. Percy v Druid Sons in the tort of negligence for personal injury: So long as it can be shown that emissions of the kind in question are capable of travelling several miles and still causing damage at that distance, then the analysis provided earlier in regard to Davidà ¢Ã¢â€š ¬Ã¢â€ž ¢s claim against Druid Sons in the tort of negligence will be equally applicable to Percyà ¢Ã¢â€š ¬Ã¢â€ž ¢s claim. If these same requirements are satisfied, then Percy will be entitled to claim damages for his pain s uffering and loss of amenity [not only as a result of the attack itself but also in regard to the distress associated with recalling/ remembering that event[21]] and also for his pecuniary losses [as a result of not being able to work for a period of 2 weeks[22]]. If there is any chance that Percy might again have to take time off work, as a direct result of his original attack, then he may also be granted a provisional award[23]. A claim by local residents and businesses whose TV, broadband and mobile phone receptions are interfered with by the general omissions of the Druid Sons Plant: While it has been held at law that the interference, by a building, of TV, broadband or mobile phone reception cannot amount to a nuisance in the law of tort[24], this does not necessarily apply to interference caused by emissions from a building. After all, such damage may substantially affect the amenity of land; for example, it would be more difficult to sell a house which was unable to re ceive TV signals at that same price as a similar property which was able to receive TV signals. In this regard, presuming that the degree of interference is significant, then the test of substantiality as handed down in the case of Sedleigh-Denfield v Oà ¢Ã¢â€š ¬Ã¢â€ž ¢Callaghan (1872)[25] would likely be satisfied. However, the defence of proscription would be able to defeat such claims if the plant has been interfering with such signals for a continuous period of twenty years and this interference has never been challenged successfully[26]. Likewise, if Druid Sons can prove that all such plants necessarily interfere with these signals, then any claims arising could be defeated on the basis of statutory authority[27]. If neither of these defences apply, then it is possible that Druid Sons could face multiple claims by nearby residents and businesses in the tort of private nuisance. Conclusions: In regard to a potential claim by David in the tort of private nuisanc e: It is likely that such a claim would be successful and that David could recover a sum of money in damages for the loss of amenity which he suffered as a result of the material damage caused to his land. In regard to a potential claim by David in the tort of negligence: Presuming that David can prove, on the balance of probabilities, that his cows would not have required veterinary attention but for the excess toxic emissions released for the Druid and Son waste plant, then his claim will likely be successful and the company will be liable to meet the costs of the said treatment. In regard to a potential claim by Percy in the tort of private nuisance for the damage caused to his crops: So long as it can be proved that it is capable for emissions to cause damage over a distance of several miles, then it is likely that such a claim would be successful and that Percy could recover a sum of money in damages for the loss of amenity which he suffered as a result of the material da mage caused to his land. In regard to a potential claim by Percy in the tort of private nuisance for the personal injuries which he has suffered: Such a claim will not be possible. In regard to a potential claim by Percy in the tort of negligence for the personal injuries which he has suffered: Such a claim would likely succeed so long as it can be proved that Percy would not have suffered his asthma attack but for the excess toxic emissions released for the Druid and Son waste plant and also that this type of damage was a reasonable foreseeable consequence of excess emissions being released. In regard to claims arising from local residents and businesses in regard to the interference caused to their TV, broadband and mobile reception by the plantà ¢Ã¢â€š ¬Ã¢â€ž ¢s emissions: If the plant has been interfering with these signals for a period of at least twenty years or such interference is a unavoidable consequence of operating such a plant, then such claims would likely fa il. Otherwise, such claims would be likely to succeed. References: St Helens Smelting Company v Tipping (1865) 11 H.L.C. 642 Brenner, J. (1973) Nuisance Law and the Industrial Revolution. 3 Journal of Legal Studies 403. Harlow, C. (2005) Understanding Tort Law. Sweet and Maxwell Publishing. Sturges v. Bridgeman (1879) 11 ChD 852 Miller v Jackson [1977] QB 966 Bliss v Hall (1838) 4 Bing NC 183 Southwark LBC v Mills [2001] 1 AC 1 Fay v Prentice (1845) (1845) 1 CB 828 McKinnon Industries Ltd v Walker [1951] 3 DLR 577 Hunter v Canary Wharf [1997] 2 All ER 426 Winfield and Jolowicz (2002) Winfield and Jolowicz on Tort [W.V.H. Rogers (ed.)]. Sweet and Maxwell Publishing. Allen v Gulf Refining Ltd. [1981] AC 1001. Vancouver General Hospital v McDaniel (1934) 152 LT 56 Barnett v Kensington and Chelsea Hospital Management Committee [1969] 1 QB 428. Rigby v Hewitt (1859) 5 Ex. 240, at 243. Stewart v West African Terminals Ltd [1964] 2 Lloydà ¢Ã¢â€š ¬Ã¢â€ž ¢s Rep 371 Sedleigh-Denfield v Oà ¢Ã¢â€š ¬Ã¢â€ž ¢Callaghan (1872) 8 Ch App 8 Phelan v E. Cumbria HA [1991] 2 Med LR 419. Hussain v Lancaster CC [1999] 4 All ER 125 Hulley v Silversprings Bleaching Co [1922] 2 Ch. 281. Footnotes [1] Brenner (1973) pp 403-4 [2] As Harlow (2005) p84 writes: à ¢Ã¢â€š ¬Ã…“If landowners were entitled to protect the rural uses and amenities of their land through a tort of strict liability, progress, and particularly industrial progress, could be brought to a standstill.à ¢Ã¢â€š ¬Ã‚  [3] 11 H.L.C. 642 [4] Lord Chancellor, Lord Westbury in St Helens Smelting Company v Tipping (1865) 11 H.L.C. 642, cited by Harlow (2005) p85 [5] Ibid. [6] For example, what a resident would reasonably consider a private nuisance in Berkley Square (an highly residential and affluent area in Central London) may not be considered so for residents living in Bermondsey (an highly industrial area outside the centre of London). This was a point made by Lord Justice Thesiger in the case of Sturges v. Bridgeman (1879) 11 ChD 852 at 865. It was this reasoning that was controversially employed by Lord Denning in the case of Miller v Jackson [1977] QB 966, to argue that a claim of private nu isance brought by the neighbouring resident to a village cricket ground should be defeated; namely, that because he chose to move into a property that was adjacent to a cricket ground, he ought reasonably to have expected his property to be damaged by high-flying balls, from time to time. However, because the damage in question was material, the majority of the Court of Appeal felt bound to follow the decision handed down in the case of Bliss v Hall (1838) 4 Bing NC 183, in which it was held that coming to nuisance is no defence in cases which involve material damage, i.e. damage which exists to the same extent regardless of the claimantà ¢Ã¢â€š ¬Ã¢â€ž ¢s personal preferences and sensitivities. If the type of damage in the Miller case had been non-material discomfort, for example arising from the noise of the balls being struck, then Lord Denningà ¢Ã¢â€š ¬Ã¢â€ž ¢s reasoning would have been appropriate. For an example of a case where such reasoning was employed successfully to defe at a claim of private nuisance, see Southwark LBC v Mills [2001] 1 AC 1. [7] Hunter v Canary Wharf [1997] 2 All ER 426 [8] See the analysis provided in footnote 6 in regard to the application of the principle espoused in the case of Bliss v Hall (1838) 4 Bing NC 183. [9] (1845) 1 CB 828. As Winfield and Jolowicz (2002) p 534 write: à ¢Ã¢â€š ¬Ã…“If damage were not presumed, it might be difficult to establish that any one act had caused it.à ¢Ã¢â€š ¬Ã‚  [10] [1951] 3 DLR 577. [11] See the dictum of Lord Lloyd in the Hunter case [1997] 2 All ER 426, at 442. [12] Allen v Gulf Refining Ltd. [1981] AC 1001. [13] As Winfield and Jolowicz (2002) p 141 note: à ¢Ã¢â€š ¬Ã…“An occupier is under a duty to take steps to remove a hazard on his land which threatens neighbouring propertyà ¢Ã¢â€š ¬Ã‚  [14] Vancouver General Hospital v McDaniel (1934) 152 LT 56, at 57. [15] Barnett v Kensington and Chelsea Hospital Management Committee [1969] 1 QB 428. [16] Rigb y v Hewitt (1859) 5 Ex. 240, at 243. [17] 2 Lloydà ¢Ã¢â€š ¬Ã¢â€ž ¢s Rep 371, at 375 [18] (1845) 1 CB 828. As Winfield and Jolowicz (2002) p 534 write: à ¢Ã¢â€š ¬Ã…“If damage were not presumed, it might be difficult to establish that any one act had caused it.à ¢Ã¢â€š ¬Ã‚  [19] [1951] 3 DLR 577. [20] We have presumed that Percy has a proprietary interest in his land, as per the decision in the case of Hunter v Canary Wharf [1997] 2 All ER 426. [21] Phelan v E. Cumbria HA [1991] 2 Med LR 419. [22] Winfield and Jolowicz (2002) p769 at 22.23 [23] Ibid. [24] Hussain v Lancaster CC [1999] 4 All ER 125 [25] (1872) 8 Ch App 8 [26] Hulley v Silversprings Bleaching Co [1922] 2 Ch. 281. [27] Allen v Gulf Refining Ltd. [1981] AC 1001

Promotion Of Frozen Food Organization - 1100 Words

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Pit Bull Research Paper free essay sample

Pit bulls are a Misunderstood Breed Pit bulls are the most misunderstood dog breeds in the world. When people hear the word pit bull they automatically think of dogs fighting and attacking. When people say pit bull theyre usually referring to a range of breeds and, often, a mixed-breed dog. (Lawrence, C Louisville Magazine Feb 2007) People think they are a very dangerous breed of dog. Because of this, some areas do not allow pit bulls and breeds like them. Pit bulls are the leading culprit of dog bites in America, but on the other hand, they are the gentlest dogs people will ever meet. The National Canine Temperament Testing Association tested 122 breeds of dog and Pit bulls placed the 4th highest with a 95% passing rate. (http://atts. org Feb 2012) With this fact it can only be how the dog is raised. People who own Pit bulls should be obligated to train their dog well. With any dog you need to train it so the owner has the upper hand. Owners need to know that they have to be dominant and for their dog to be obedient towards their orders. The dog comes second to themselves. Pit bulls are one of the most gentle of the breeds. Pit bulls are notable therapy dogs who visit patients that are recovering from emotional trauma. Pit bulls are also used for their service in sniffing out drugs on the borders due to their sense of smell being stronger than any other breed. These dogs are great family dogs and were babysitters in the 19th and the early 20th centuries. American Pit Bull Terriers were introduced into the United States of America during World War I and World War II. The purpose of the creation of the Pit Bull was to deliver messages back and forth across the battlefield during battle. Pit Bulls were first bred to bait bulls as a sport back in the late 19th and early 20th centuries as well, but soon became used as house pets due to their friendliness towards people. They were also known as great babysitters because of their intuition to protect their loved ones. These facts in themselves should open up people’s eyes to the Pit Bull breed not being an aggressive breed simply because they history proves that they had become great pets. A known fact to share is that Theodore Roosevelt owned a pit bull while he was president and his dog was a great sidekick for him in office. His dog provided safety for him, and not just because their dog was fierce, it was because he knew that specific dog could defend, be trained well, and become obedient. Owning a pit bull in today’s society has one of two reactions, they are adored or they are terrifying. The myths and horror stories that people say are why many fear them. They do not have â€Å"lock jaw† like many seem to think. Lock jaw is when a dog bites down on something and can’t let go. A vast majority of the population is known to believe that they have a killer instinct that does not stop, which is entirely not true. One cannot believe everything one reads or hears. There are two sides to every story, yet in this case, there are two sides to every breed. Pit bulls are like any other dog, they have to be trained and if trained right, they can be great family pets. When a pit bull falls in the hands of a bad owner than that is when you may have a problem. It’s easiest to understand this way; Suppose a child has physically abusive parents, they’re either going to grow up believing that harming someone is the only way to teach a lesson, or become skittish towards unfamiliar surroundings. It’s very similar to a dog’s life. They’re known to be physically damaging because they, themselves are physically damaged, because they’re â€Å"tough. † It all makes sense if it’s looked at from every angle of perspectives. Training a dog is not an easy thing, but dogs need extensive training so there will be fewer incidents. It is the concept of nature versus nurture. To this day, there are no facts about this either but both sides have great points and there is no set truth – but everyone seems to have an opinion. â€Å"An unneutered male pit bull is 2. times more likely to bite then a neutered male. In addition, male pit bulls are 6. 2 times more likely to bite then female pit bills. † In a study evaluating canine temperament, 82% of dogs received a passing score, 86. 8% of those dogs where American pit bull terrier (1800PetMeds. com Feb. 2012). There are ways to avoid incidents when in contact with these animals. When appr oached by a pit bull always remain calm, approach the dog slowly from the side not from the back. Do not provoke the dog always ask the owners to pet the dog first. If an aggressive dog approaches you do not panic, give the dog firm commands like sit, stay, and easy, then back away slowly. When owning a pit bull socialize the dog with people and other animals, get them familiar with animals and people including children. Isolated dogs can become vicious and dangerous so be cautious when in contact with a not so friendly dog. (Skloot, R Aug 2007 Prevention Vol. 59, Issue 8 Pgs. 196-198) Banning a breed, which the technical words are breed specific legislation, is not a good idea. Putting a ban on pit bulls is a less than great idea because people will continue to own pit bulls and hide them or even abandon their dog(s) and leave them to die. The irresponsible owners should deal with heavier fines and possibly jail time and this might scare these owners into training their pit bull properly. There is no proven fact that banning pit bulls will cut down on the number of bites. Not every bull type is a killer so banning bull types is not a good idea. There are many different bull types and it is hard to choose which ones are dangerous. Most cities do not allow â€Å"pit bull breeds,† but why is it that a dog with 10% pit bull in it and 90% Labrador in it should be banned? There are also many apartment complexes that do not allow pit bulls, or other certain breeds of dogs, this is dog discrimination. There are many stories of pit bull dogs doing great things but for some reason, the bad stories are the ones people remember. Dog lovers need to do more to help this breed work towards a better reputation. Dog discrimination is a real thing; People can search for it online. There have also been many cases where certain breeds, namely pit bulls, are not allowed at certain dog parks. This is not politically or socially right. Pit Bulls were born to be great helpers and family pets – they are loyal, independent, friendly and lovable pets. Any pit bull owner will explain how wonderful they are with children, other pets and just about anyone. A friend and current pit bull owner, Sandy Sweeney mentioned â€Å"My dog, Sargent, is my best friend. I feel safe when he is around and know that he would never hurt a soul. He is wonderful with my son and the most loyal animal. I would be the first person to tell anyone how awesome pit bulls are as pets. † (S. Sweeney, October 2012) There are numerous articles online as well stating that pit bulls are great dogs and there bad reputations need to change and are dishonest. Overall, there are many stories – good and bad – describing the temperament of pit bulls but at the same time, there are many stories – good and bad – describing dog stories as well. Although there are some facts that Pit Bulls re the leading cause of dog bites in America, no one can simply use that to say that Pit Bulls are bad dogs and deserve a bad reputation. It comes down to nature vs. nurture and if you raise and train a dog well, any breed, people will see an amazing, wonderful creature who is loyal and with a happy temperament. In conclusion the pit bull is a misunderstood, gentle giant that people need to take the time and get to know. The reas on why this paper was written is so people have the knowledge when dealing with this type of dog. There are irresponsible dog owners out there that don’t care about the actions of their dog. This causes the dogs to have a reputation that no good pit bull owner wants their dog to have. As was stated before, banning pit bulls is a dangerous move to make because there will most likely be more animal cruelty acts upon these gentle beasts. References (http://atts. org Feb 2012) (Lawrence, C Louisville Magazine Feb 2007) From UOP (Skloot, R Aug 2007 Prevention Vol. 59, Issue 8 Pgs. 196-198) From UOP (S. Sweeney, October 2012) (1800PetMeds. com Feb. 2012)

Gun Control Essays (427 words) - Gun Politics, Firearms, Gun Control

Gun Control Gun control has been a controversial issue for years. A vast majority of citizens believe that if gun control is strictly enforced it would quickly reduce the threat of crime. Many innocent people feel they have the right to bear arms for protection, or even for the pleasure of hunting. These people are penalized for protecting their lives, or even for enjoying a common, innocent sport. To enforce gun control throughout the nation, means violating a persons Constitutional rights. Although some people feel that the issue of gun control will limit crime, the issue should not exist due to the fact that guns are necessary for self defense against crime, and by enforcing gun control is violating a citizens second amendment right to bear arms. Guns are evil to some, because of the violence that they create. People express guns as weapons of homicide. They insist that, the more guns with which our society equips itself, the greater the likelihood for accidents or violent acts involving fire arms to occur. It is a proven fact that handguns have been the murder weapon of choice. Guns are involved in half of all homicide cases. People believe that society has relied on weapons that create harm and criminals. Therefore, these weapons should be outlawed. However, law abiding citizens have the right to protect themselves against danger. Due to the ownership of guns, burglaries have reduced considerably. A gun is a tool, guns don't kill people. People kill people. The matter depends on who is using the gun, and what situation it is involved in. Purchasing a handgun legally is a complex procedure. The consumer must go through a two month waiting period. These procedure guarantee the innocence and reliability of a gun owner. The second amendment states the citizens right to own and bear firearms. Freedom to poses arms is a guaranteed citizen right. If the constitutional rights of a citizen are violated, it can be a complex issue. In the case of US vs Miller during the year of 1939, The supreme court voted against individual rights to bear arms. Nothing can destroy a government more quickly than its failure to observe its own laws. This is why all citizens should be aware of all of their constitutional rights. Enforcing gun control is not going to have an effect on the crime rate, because it will not keep criminals from purchasing weapons. If guns are outlawed, only outlaws will have guns. If a person is willing to pay a price they will get what they want. Gun owners have to protect themselves from these criminals, and all gun owners must be informed of their second Amendment right to keep and bear arms.

The Marshall Plan essays

The Marshall Plan essays After the devastating effects of WWII, Europes economic and social conditions where in shambles. The personal suffering and internal upheavals threatened chaos. There was a lack of coal, steel, electrical power, railroad cars, locomotives, trucks, oil, and grain. All of the West European countries suffered political instability. This was the Europe, Secretary of State, George C. Marshall, saw when he attended a meeting of Foreign Ministers in Moscow on March 1, 1947. In this meeting, which was called to ease tensions, Secretary Marshall became disillusioned over the chance of cooperation with the Soviet Union. After a stormy interview with Joseph Stalin, Secretary Marshall knew that Stalin meant to profit from Europes maladies. Marshall was convinced that the only hope for Europes recovery lay in the United States. He could see the United States needed to help Europe, not only for moral reasons, but also it was in the interest of the United States in order to curb communism and Europe was the United States biggest customer. On June 5, 1947 Secretary Marshall delivered his classic speech at Harvard University, thus starting the European Recovery Program (ERP), what would later be known, all over the world, as The Marshall Plan. The Marshall Plan constituted one of our countries finest foreign policy moments. It signals the United States unequivocal resolve to assist an economically struggling Europe and assume a position of leadership. At the Harvard speech Secretary Marshall announced, Our policy is directed not against any country or doctrine, but against hunger, poverty, desperation and chaos...Any government that is willing to assist in the task of recovery will find full cooperation, I am sure, on the part of the United States government. The Marshall Plan was set up for a limited period of four years (1948-1952). The money given by the United States included money for loans. The Eur ...

Customer Protection Laws, Law of Torts and the Contract Act Essay

Customer Protection Laws, Law of Torts and the Contract Act - Essay Example On the part of the Company, it would be the purchase price consideration. Consideration, according to Jill Poole, in her book, Text Book on Contract Law, could be described as the action, inaction or promise thereof by one party, which stimulates action, inaction, or promise of another. (Poole 1996-2008, P. 3). The following case illustration would drive home the aspects regarding the law applicable in this case. A arranges with a lorry transport Company, B, to transfer his chattels and also paid advance towards this arrangement. However, during the actual movement of goods, the cases fall into the river. B is under contract with A and therefore, a breach of contract has resulted. Again, in this case, if A could prove negligence, B may be held negligible under Tort. Therefore, under such circumstances, the transport company could be held liable for actions under Contract, and also under Tort law, or both. In the Henderson v. Merritt Syndicate Limited case, the learned jury, Lord Goff observed â€Å"Approached as a matter of principle, therefore, it is right to attribute to that assumption of responsibility, together with its concomitant reliance, a tortuous liability and then to inquire whether or not that liability is excluded by the contract because the latter is inconsistent with it.† (Poole 1996-2008, P. 6). In this case study, it is seen that the product stopped functioning during the warranty period. This warranty is termed as â€Å"warranty of fitness† whereby the buyer agrees to purchase the laptop upon the express condition that, in the event of non-functioning within a period of six months, it would be repaired free of cost Answer.com: Consumer protection: Warranties. (Consumer protection. 2008).In this case, it could be said that there is an Express warranty that assures the quality, description, or performance of the product. These warranties may be less apparent than are product advertisements.  

Compare and contrast of ncaa and nfl football Essay

Compare and contrast of ncaa and nfl football - Essay Example When an end zone is reached, a turnover is forced by a team, the ball is punt away or the ball is lost on downs. In both NFL and NCAA, team members may fail to achieve ten yards during the four downs, and they are expected to turn the ball over to the opposing team. In this situation, the teams punt the ball away to the opposing team on fourth down; hence, the opposing team has to struggle in scoring a touchdown. Teams in these games have a common objective of getting into the opposing team’s end zone in order to score six points that are referred to as touchdown. Alternatively, they have an option of kicking a field goal to score three points, in situation where they are unable to reach the end zone. Both NFL and NCAA apply two common methods in the play, which include passing the ball to a receiver or running back with the ball. Lastly, both games are played on a field of the same size; 100 yards long with a ten-yard end zone and 53 1/3-yards wide. According to ESPN AMERICA (1), the first difference relates to the playing field, whereby NFL’s field has one-yard hash mark running down the middle of the gridiron, and is aligned to the goal post, seventy feet and nine inches from each side. On the other hand, in NCAA, the hash marks are set wide apart with sixty feet from the side, hence making a wider field to one side, and increased angles for the field goals, when the ball is spotted on the hash. The other difference relates to the goal post widths, whereby, NCAA has uprights that are 23’ 4† apart, while in NFL has a width of 18’ 6†. The ball used in NCAA has white a stripe around the ends in order to make it more visible when in flight during the night, but in NFL, the stripe is absent. In addition, in NCAA, the downed runner, carrying the ball is classed as down when any part of his body except his boots and hands are touching the ground. However, in NFL, a player is downed when touched as he goes to the ground or on the