Tort Assignment Essay Example | Topics and Well Written Essays - 1000 words

Tort Assignment - Essay Example . â€Å"at the cutting edge† of tort law scholarship. (2003) In two distinct and independent areas of law it is a core element in the debate. In relation to mental illness, particularly post-traumatic stress disorder in the wake of the U.K.s involvement in both Iraq and Afghanistan questions of the scope of liability have arisen with energy and imperative. On another level, pure economic loss arguments seeking to extend the potential range of damages have also encountered push back from a floodgates school of legal thought. â€Å"How far can tort liability expand without imposing excessive burdens upon individual activity (or, as some may wish, to what extent should tort rules be compatible with the market orientation of the legal system)?† is a key issue in questions of pure economic loss according to Bussani and Parker. (2003) The following brief discussion will focus briefly on the historical development of this argument. However, the majority of the discussion will focus on the dynamic of the concept in current legal debate and decisions. The story begins with Cardozo in Ultramares Corporation v Touche 174 NE 441 at 444 (1931). With less panache than Prosser his decision 8 years earlier is arguably even more widely quoted, than Prossers introductory quotation: He raised the spectre of the unattractive proposition of exposing defendants to a potential liability "in an indeterminate amount for an indeterminate time to an indeterminate class" IN 1998 the U.K. Law Commission acknowledged that floodgates arguments arise from â€Å"the concern that such a proliferation of claims would clog the court system.† (Law Commission, 1998) Today, particularly in the U.K., Bussani and Parker conclude the floodgate argument to limit liability is â€Å"not only pervasive, but has proved persuasive.† (2003) They provide a valuable typology for pure economic loss in the context of tort liability. They identify transferred loss, Ricochet

Against Affirmative Action in College Admissions Essay

Against Affirmative Action in College Admissions - Essay Example According to Yeakey and Henderson the implementation of affirmative action in higher education was meant to increase the number of minority students accessing a college education (725-726). However, according to Professor John Fobanjong, the use of race preferential policies within selective schools issignificantly expanding the racial divide as opposed to narrowing it (2). As a result, in regards to higher education, affirmative action creates more detrimental effects than positive outcomes; therefore, these policies should not be incorporated into the admission process. According to Dr.Jamillah Moore, affirmative action should not be framed as a policy that is primarily geared towards discriminatory practices against whites or any other race (12). However, since our nation’s foundation is drenched in racial inequality, race often tends to come into the picture. Affirmative action was intended to provide opportunities, redress inequalities and improve access for the underrepresented minority groups. Education is widely believed to function as an important gateway to opportunity, andmany students aggressively compete to be accepted into the elite institutions each year. Due to the rapid increase in population, access to employment, resources, and education are quickly becoming limited necessities. Thus, when more and more students are being denied admission to lesser qualified candidates, these race While affirmative action was initially established to ensure that fair admission practices are conducted, in order to rectify the long period of severe racial discrimination, the policy is now grossly outdated and hypocritical. According to Tim Wise, these policies fight discrimination with discrimination. By favoring one group over another based on racial preference, instead of academic achievement, universities are generating a rather extreme form of reverse discrimination (69).