Foreseeability. Negligence and Tort Assignment Example | Topics and Well Written Essays - 3000 words

Foreseeability. Negligence and Tort - Assignment Example The essence of existence of specific relationship between parties to establish negligence claims is based on the logic that such a claim can only arise in acts and omissions relating to these elements (Cooke, 2005, p. 12). Normally, it is assumed that such claims can be levelled against a third party because such party is liable for acts or omissions that led to harm, injury, or loss. However, in some circumstances, an individual may be in specific relationship with a third party and have a duty to control the conduct of the third party so as to prevent harm, injury, or loss to the claimant (Kidner, 2006, p.25). Control over the third party includes but not limited to the following: parent and child, car owner and a drunken or incompetent driver, mental hospital and patient, parent and child, and gaoler and prisoner. The need for control over a third party is informed by the position taken by Lord Goff in Smith v Littlewoods [1987] 1 All ER 710 at 731 when analyzing the rule of mere- omissions and making considerations for the exceptions to this rule. Lord Goff argued that there are some circumstances where the courts have established affirmative action duties. One of these circumstances is that the defendant has control over a third party who has caused damage to the claimant. Control over a third party is an affirmative action that has been given rise by a number of relationships. Examples of these relationships are parent and child and employer and employee, where the defendant has an affirmative duty to prevent harm (Kidner, 2006, p. 71). Normally, there should be a chain of causation between the negligence of the defendant and the damage caused to the claimant, as decided in Rouse v Squires [1973] QB 889. In such circumstances, the third party may be held liable for the claimant’s damage. However, where the defendant has control over a third party, or in circumstances where the third party is

America's Post-Civil War Growing Pains Essay Example | Topics and Well Written Essays - 750 words

America's Post-Civil War Growing Pains - Essay Example The period was also meant to resolve issues caused by reunion of the 11 states which had seceded before the outbreak of the Civil war. The period witnessed a race struggle between the two races i.e blacks and white where the whites attempted to make blacks second class citizens with little involvement of running public issues. The whites had occupied the economic and political power houses until 1890s which witnessed the rise of populist members’ movements. The reconstruction period was also meant to insure the freed blacks from the draconian laws and policies of the white. Worth noting is that during the America Civil war, president Lincoln had declared a state emergency, and consequently assumed most of the congress powers and this had caused a lot of friction between the congress and the presidency. This would later spill in the reconstruction period where the two centers of power would fight over who lead the reconstruction period. Most members of the congress, more so tho se referred as the â€Å"Radical Republicans† vigorously rejected the president’s assumption of the congress powers. ... According to Altbach, P.G and Umakosh T. (2004) another major turning was the adoption of the three constitutional amendments 13th, 14th and 15th Amendments commonly known as the Reconstruction Amendments. The three amendments generally sought to abolish slavery, guarantee all citizens of United States citizenship irrespective of their birth status and a guarantee of federal civil rights. According to Nicholas Lemann, (2007), the passage of the three amendments marked a legacy in the constitutional development of United States as it gave rise to serious and extensive litigation which led to pronouncements of progressive judgments by Supreme Court leading to striking down of discriminatory state laws. These amendments have had an effect to the current America current society, economy, politics, and culture as it has allowed Americans from all corners of the world to have citizenship and participate in its economic and cultural life. Ways in which reconstruction period could have been different if Lincoln had not been assassinated If President Lincoln had not been assassinated, the reconstruction period would have seen more twists and turns than the ones experienced during his successor’s Presidency. Peterson (1995) argues that he would have interacted with Congress in a fairly far less difficult due to his superior political skills, pragmatism and flexibility. On the other hand, Rawley (2003) believes that there would have been attempts by the Radicals to impeach Lincoln and this would have complicated the reconstruction period. Effects of industrialization and urbanization on the average American between 1865-1900 The end of the Civil War provided a great