The Law on Occupiers Liability Essay Example | Topics and Well Written Essays - 4500 words

The Law on Occupiers Liability - Essay Example When the girl poured the contents in the glass, it contained the decomposed remains of a snail. The girl was ill in consequence and sued the manufacturer for damage in tort. It was held the defendant was liable as he owed her duty of care to ensure that the bottle should contain objectionable matter as it did. (Jertz, 2004) We find that the occupiers' liability act provides a limited duty of care on occupiers to ensure that measures for protection of properties or other people from the risks that exist, in this law we find that there are provisions that follow this act, these provisions are: it abolishes the old distinction between licensees and invitees this category of persons include anyone to whom the occupier has expressly or implicitly allowed to enter or use his premises in this case the trespasser is not included. The act provides that an occupier of premises owes to all visitors that duty to take care in all circumstances therefore, it is necessary for the occupier to ensure that the visitor will be safe in using the premises for the purpose for which he has been permitted to be there. We also find that under the act, the occupier however has a right to restrict his liability by giving adequate warning such as about slippery floors. Here the occupier is not liable where the accident has occurred through the defective work of an independent contractor was competent and so far as he was able he had inspected the work done. (Jertz, 2004) The law on occupiers' liability to an injured trespasser is usually classified under the law of tort according to the present law. Whereby tort is defined as a civil wrong free of contracts, meaning it is an act that causes harm to a determined person whether intentionally or not. The remedies for these acts are always unliquidated damages which indicate that the court has power to fix the damages. Tort normally vary from contracts whereby we find that in contracts the duties are usually fixed by the parties under agreement themselves while in tort the duties are imposed by the law. Also we find that the law of tort is an infringement of the civil rights belonging to an individual in this case we find that the wrong doer has to compensate the injured party, according to the recent law the action is brought by the aggrieved party so that he can obtain compensation. This law constitutes of three major elements that is there must be a wrongful act or omission by the defendant this means that there must a person who is being sued for his wrongful acts. Secondly there must be a legal damage and lastly the wrongful act must be of such nature as to give rise to a legal remedy in the form of an action for the damages. There also exist some civil wrongs that are actionable even though no damage is suffered by the plaintiff. An example of such a civil wrong is the trespass on land. In recent law we find that there are many types of torts such trespass and defamation but in the real sense it represents a civil wrong whose only remedy is a common law. In the case of the law on the occupier's liability to injured trespassers we find that it

The Laramie Essay Example | Topics and Well Written Essays - 1500 words

The Laramie - Essay Example in which religion puts people apart in the play as paradoxically as it is through judgment and the feelings when he questions if his priest and father are right about their arguments against homosexuality. The questioning raises the difference between reality and religion as well as the statement of not giving the organized religion permission of the contents of the said character (Kaufman 21). Evident from the text is the ability to differentiate between religion and spirituality. The idea of well-established religion as well as that of orthodoxy as shown in a way that practices the singular notion of the best. Such traits are depicted by Reverend Phelps when he tries to make the matter of homosexuality be the one who questions whether ones allegiance to his God as it creates a setting that looks to separate individuals from "us or them" situation (Kaufman 32).  Moreover, such also is the same as it discourages the Muslim woman in the play as it awakens the social status of some townspeople simply because of the cultural traditions.   At such point, also, one can get the difference such regards the approach that separates individuals from religion does not represent all the established religions when Matts funeral is held in a Catholic church, the time where establishment of religion does look to bring people collectively. Moreover,  there are also other religions, which cannot really be ready for them to accept fully homosexuality, and as well as its implications on the clergy, given so they cannot respond in the way of Reverend Phelps.   The play makes the greatest statement on religious views of love together with compassion by the individuals as it is seen in the play.   Those who live in the town like Jedidiah work extra hard to reconcile the meaning being loyal to the town, and they also commit themselves to the fraternity by accepting all individuals living there. Romaine Patterson also willingness to remove the perception of "angels" 23 is a good