Nuisance ( torts law) Essay Example | Topics and Well Written Essays - 1500 words

Nuisance ( torts law) - Essay Example hurt or annoyance of the lands, tenements, or hereditaments of another." The forms of private nuisances are almost countless, thus resulting in the impossibility of any kind of classification (Putney, 1908). A person who owns a proprietorship interest in the land in which nuisance is inflicted can sue and succeed to claims. For instance the person must be an owner or a party, or be in special custody or occupation of it like tenant or under a licence to reside. Exceptions to the above rule may also be present as in the case of Hunter v Canary Wharf.1 The case of Malone v Laskey2 is an exception of the rule that a licensee can sue. In the mentioned case when the wife of the licensee used the toilet a cistern fell on her head due to the trembling of machinery in the nearby property and she was hurt. But when she claimed it failed because her husband was only a licensee and so it could not be proved that she held a proprietary interest in the land herself. But had this case been occurred now she would have succeeded under negligence. But an exception to this is that the wife of a home owner can sue since she also has a beneficial interest in the matrimonial home Hunter v Canary Wharf. Actually according to law jus tertii meaning right of a third person, is not a good defence to sue in a private nuisance. But if a person is in exclusive possession of the land can sue even if title to it cannot be proved Foster v Warblington.3 Till very lately it was resolved, that the complainant must have an interest in the land so that he could sue in private nuisance. But then in the case of Khorasandijian v. Bush4 it was in particular affirmed that it was no longer suitable to restrict the right to sue by indication to proprietary interest in the land. In this case Lord Dillon said the following†¦Ã¢â‚¬ it is ridiculous if in this present age the law that is the making of deliberately harassing and pestering phone calls to a person is only actionable in the civil courts if a

International Political Economy Assignment Example | Topics and Well Written Essays - 500 words

International Political Economy - Assignment Example ment of patents and copyrights which will strictly intellectual property rights and investor-state-arbitration that will grant investor the right to initiate dispute against a foreign government under the international law. Personally, I do not think it is necessary to have an additional agreement such as TPP to govern MNCs and FDIs because there are already existing frameworks that functions like TPP such as GATT, NAFTA, APEC etch. TPP however strengthens the enforcement of intellectual property rights and provide investors to initiate dispute against foreign government which could instill confidence among MNCs and FDIs. Recently, President Barack Obama visited its allies in Asia the latest of which is the Philippines. Albeit the two countries had different expectation about Obama’s visit, where President Obama is lobbying for the TPP and the Philippines to get the commitment of United States against China’s increasing aggression, the latter expressed openness and willingness to participate in the TPP (Trans-Pacific Partnership). Walmart is good for the US/global welfare because it has dramatically cut the price of products by partnering with China. By offshoring its supply center to China, the cost of goods that will be sold drastically dropped making goods and services more affordable and therefore good for US/global welfare. Walmart changed the center of power in retailing that manufacturers no longer dictates price which made it expensive but rather the retailer such as Walmart which is sensitive to the market and dramatically dropped it. Walmart is not good for women. In its drive to bring the cost of its retailed products down, one of the components it downgraded is the salary and benefits of its employees. In addition, there had been reports also that Walmart discriminate against women in its retail outlets which made the retail giant not good for women. Cutting costs to sell cheap had the implication of not only lowering salaries which is