History final Essay Example | Topics and Well Written Essays - 1500 words

History final - Essay Example The political culture of the United States is set on the stage of the ideals that have been mentioned above and the features of American politics include a scrappy and uneven system of governance with significant emphasis on the rights of each individual. American Civil War: The Reformation From the time of American Civil War, the country has reformed itself to a great extent although it has moved away from its roots or the way in which the philosophers have tried to describe the society of each state. While considering the history of the world, it can be clearly established that America has emerged as a super power to the rest of the world. The ideals of liberty, equality and power has been reshaped or molded to offer more to the people of this country or suffice their needs. Therefore, the country that went into a Civil War from the year 1861 has undergone massive changes whether it is related to the general public and their views about the politics and governance or the center of power. The global market that has become one with the smaller countries has a similar effect in the American society as well. Broadly speaking, the principles of liberty have changed in different contexts for a society that thrives on conflict and consensus. However, these ideals or principles have consistently remained as the base of the society and a majority of debates surround the fact whether these ideals have materialized or benefited the society and not whether they are in place. In short, the force is on the achievements rather than the indifferences as far as the ideals maxims of liberty, equality and power is concerned. Liberty If a discussion is to be held on the ideal of liberty, the definition and interpretation of this word must be taken into account. Thus, the Americans define this term as their first step of becoming and living in an independent society or their freedom to do anything although it is necessary to reflect this ideal within the purview of law. As a matt er of fact, the Civil War has genuinely reconstructed the society and it has become liberal to the Afro-Asian people particularly in the modern society. As far as the Constitution of the United States is concerned, it defines the structure of the governance and power; at the same time, the Bill of Rights guarantees the liberty and freedom of the people residing in this country. When it comes to economic liberty, the Americans are opinionated towards a non-interfering government in this respect. The concept of laissez-faire capitalism that existed in the United States throughout a major portion of the nineteenth century that resulted in an economic system in which the government had no role to play changed later although the people of the country believe that the intervention of the government should not extend beyond a certain limit. Equality With Equality, the definition of the word is quite complicated as to its literal meaning. In fact, inequality exists in every society as each individual is different than the other and the American society is no exception in this manner. The Americans of African origin are poorer than those with fair skin. Additionally, inequality also depends on people belonging to different backgrounds and their means of living. However, the political equality tends to emphasize on the fact there would not exist any kind of inequality between people belonging to different race, which is popularly identified as racial discrimination and that every citizen would be

Law of Torts Master Essay Example | Topics and Well Written Essays - 2000 words

Law of Torts Master - Essay Example (Grant v. Australian Knitting Mills(1936)A.C.85). According to 'Heaven v. Pender(1883) 11 Q.B.D. 503) "actionable negligence consists in the neglect of the use of ordinary care or skill towards a person to whom the defendant owes the duty of observing ordinary care and skill, by which neglect the plaintiff has suffered injury, to person or property". In an action for negligence the plaintiff has to prove that the defendant owed duty of care to the plaintiff, the defendant made a breach of that duty and the plaintiff suffered damage as a consequence thereof. By Duty of care to the plaintiff we mean a legal duty rather than a moral, religious or social duty. The Plaintiff has to establish that the defendant owed to him a specific legal duty to take care of which he has made a breach. There is no general rule of law defining such duty. It depends in each case whether that duty exists. Lord Atkin propounded the following rule in 'Donoghue v. Stevenson' and the same has gained acceptance : "You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour". He then defined "neighbours" as "persons so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions whic h are being called in question." In this case the defendant raised the defence of "Privity of Contract Fallacy" quoting from the case 'Winterbottom v. Wright(1842) 10 M ) In that case Lord Abinger, C.B., said, "unless we confine the operations of such contracts as this to the parties who entered in to them, the most absurd and outrageous consequences, to which I can see no limit, will ensue." Since an action for tort is quite independent of any contract, there seems to be no reason why for an action in tort a contractual relation between the parties be insisted. This fallacy was done away with by 'Donoghue v. Stevenson' by allowing the consumer of drink an action in tort against the manufacturer, between whom there was no contract. Whether the defendant owes a duty to the plaintiff or not depends on reasonable foreseeability of the injury to the plaintiff. If at the time of the act or omission the defendant could reasonably foresee injury to the plaintiff he owes a duty to prevent that injury and failure to do that makes him liable. Duty to take care is the duty to avoid doing or omitting to do anything, the doing or omitting to do which may have as its reasonable and probable consequence injury to others, and the duty is owed to those to whom injury may reasonably and probably be anticipated if the duty is not observed (Bourhill v. Young,(1943) A.C.92, at 104, per Lord Macmillan). In 'Glasgow Corporation v. Munir' (1943) A.C.448, at 457) Lord MacMillan explained the standard of foresight of the reasonable man : "The standard of foresight of the reasonable man is, in one sense, an impersonal test. It eliminates the personal equation and is independent of the idiosyncrasies of the particular person whose conduct is in question. The reasonable man is presumed to be free both from over-apprehension and from over-confidence, but there is a sense in which the standard of care of the reasonable man involves in it's application a subjective element." In 'Booker v. Wenborn'(1962, 1 AllE.R. 431) the defendant boarded a train which had just started moving but kept the door of the