Law of Torts Essay Example | Topics and Well Written Essays - 1000 words

Law of Torts - Essay Example I would advise Mr. Andy that his accident occurred in the type of area commonly known for producing similar types of vehicle mishaps, and it will not be necessary for him to prove any type of vicarious liability. It is the duty of the owner to make the property safe. . in the case of McWilliams V. Sir William Arroll 1962, the ‘but for’ test is applicable on the premise that he (Mr. Andy) would not have sustained the injury but for the breach of the (property owner) defendant. Moreover as in Anns V Merton (1977), Lord Wilberforce proposed a two-staged test†¦once neighborhood was established, there is a prima facie duty of care, which can only be rebutted on policy ground. (Boone) I would also caution Mr. Andy that his contributory negligence in not wearing a seat belt as requested by Suzie, may be just cause for his compensation to be reduced. The defendant might introduce the Contributory Negligence Act of 1945, which in part states: Where any person suffers damage as a result partly of his own fault and partly of the fault of any other person or persons, a claim in respect to that damage shall not be defeated by reason of the fault of the person suffering the damage, but the damages recoverable in respect thereof shall be reduced to such extent as the court thinks just and equitable having regard the claimants share in the responsibility for the damage. (Act 1945) ... Andy on the prospect of two additional potential claims. Where vicarious liability is obvious in one and not so clear in the other. While he was in fact a passenger in a vehicle driven by Suzie, she is not personally liable for his injury. To illustrate this I will use the chain of causation as the example and it works thusly: A caused B, B caused C, then A Caused C. In other words, A (kid blindly exiting from vacant lot) caused B (Suzie to make an abrupt emergency stop when she slammed on her car brakes), caused C (Mr. Andy to break his nose). Which in the strict sense of the law represents an additional claim of negligence for Mr. Andy. Under English Law, David's mother is obliged to know where her non-adult children are at all times. She has specific responsibilities concerning their behaviour. The parent is liable for any harm or damage which the child might cause, as a consequence of being unsupervised.However, I would think that Mr. Andy would in all probability in this instance, be willing to exhibit some compassion, and this case would be a moot point, since David is now deceased and his sibling was badly burned in a fire on the vacant lot. Also, since Mr. Andy was the passenger in the vehicle driven by Suzie, where he encountered an accident, he is at liberty to file a claim against her car insurance company. But, I would advise Mr. Andy against filing the latter claim for a number of reasons: (1) Suzie requested that he wear the passenger seat belt on the passenger side of the car. Either due to the comfort level (given the fact that he is overweight), or simply due to his recalcitrance, he rebuked her request. His refusal of her common sense suggestion was a contributor to the

To what extend the bretton woods institutions have functioned to make Essay

To what extend the bretton woods institutions have functioned to make the world economy less prosperous and less stable - Essay Example Global financial institutions were put up such as the World Bank (WB), International Monetary Fund, General Agreement on Tariffs and Trade and the International Bank for Reconstruction and Development. The ideas behind Bretton Woods were open and free markets to prevent trade blocs. Before World War II, countries competed against each other in an unhealthy manner in economic nationalism. Trade discrimination resulted in few countries getting rich while countries that did not belong to blocs were left out of the bandwagon. This paper will discuss how institutions of the Bretton Woods Conference, namely the World Bank (WB), the International Monetary Fund (IMF) and the successor to the GATT which is the World Trade Organization failed their mandates of improving the international economic order. The present economic order is based on a biased system in which strong nations imposed their preferences on other countries. The number of trade disputes pending at various arbitration bodies a re ominously increasing. These arbitration courts are perceived as favouring stronger nations in interpreting WTO rules although all members are bound to abide by the rules. The noble idea that free trade and open markets will raise the living standards of everybody, in the concept of â€Å"a rising tide raises all boats,† did not happen. Richer nations deal with weaker neighbouring countries by bilateral trade agreements (BTA) and free trade agreements (FTA) like the North American Free Trade Agreement (NAFTA), the Asia-Pacific Economic Cooperation (APEC) and Asean Free Trade Agreement (AFTA). These agreements practice discrimination by the grant of most-favoured nation status (MFN) to countries in exchange for political or diplomatic considerations. These agreements violate the non-discrimination rule in the WTO charter. Discussion The great Industrial Revolution took place in imperial England 200 years ago. Foremost among these inventions was the steam engine. This propell ed many industries such as coal mining and the iron ore and steel industries. A number of factors made England the right environment for which the Industrial Revolution took place. It has a primitive form of capitalism (in lieu of the existing feudal system in much of Europe back then), a melting pot of the greatest minds at that time which discussed novel ideas, the rise of the manufacturing and textile industries and efficient ways of raising relatively-cheap capital at that time (at 5% only versus 20%-30% in Europe). England was the right fertile ground for capitalism. Karl Marx himself believed England favoured the growth of capitalism because it had all the ingredients. Its novelty as an economic system was attractive to many sectors because England had an excess population which needed to be re-deployed from farms. Capitalism provided the saving grace for the government because people can be employed in factories in large urban areas by capitalists. The old feudal system gave way to new ways in the creation of wealth through manufacturing and exports. Capitalism became entrenched with the right combination of political and social changes (Hindess & Hirst, 1975:288). The Industrial Revolution and capitalism are being discussed here to give the reader an overview of today’s global order which is based on the economic system of capitalism. Before