Legal Foundation for Business Essay Example | Topics and Well Written Essays - 2750 words

Legal Foundation for Business - Essay Example This is because Part B creates a major background that can be used for the discussion of the application of the precedence from the Donghue V Stevenson case. Facts of the Case On the 26th of August, Mrs. May Donoghue, a Scottish widow went to a cafe with her friend and made some orders. Donoghue's friend ordered something else and Donoghue ordered a ginger beer. Donoghue's friend paid for the order. The cafe owner served Donoghue with the ginger beer which she poured from an opaque bottle to Donoghue's cup2. There was normal ginger beer in the cup and Donoghue drank it. However, when Donoghue's friend poured some more of the ginger beer, a decomposed snail came afloat. Donoghue fell ill form the sight of it and complained of abdominal pain. She was admitted to hospital a few days later and was diagnosed of gastroenteritis and shock3. Donoghue's friend took the details of the manufacturer of the ginger beer which led to Stevenson, the manufacturer. This led to a case against Stevenson in court. A case was filed against Stevenson and hearings begun in May 1929. Arguments in the Court Case In the case, Donoghue tried to get Stevenson to take responsibility for her sickness resulting from drinking the contaminated ginger beer and the emotional shock that came with it. Her argument was that Stevenson should have gone the extra mile to prevent injuries. However, Stevenson argued that since Donoghue was not the one who paid for the beer, there was no contract between Donoghue and himself. Also, there was no proof that Stevenson was negligent in delivering the ginger beer to the Donoghue. The court at the local level could not uphold Donoghue's case. Donoghue appealed to the Inner House in Scotland but the case could not be ruled in her favour. Donoghue went on and filed a gase in the House of Lords as a pauper in 19314. The House of Lords The House of Lords began to hear the case in 1932. The House of Lords had to decide between whether to hold Stevenson responsible f or the sickness and emotional pain that Donoghue suffered or not. It was clear that there was some kind of unfair injuries had been suffered by Donoghue. And it was also obvious that the injury was directly attributable to the decomposed snail in a ginger beer supplied by Stevenson. However, the fundamental laws could not directly link Stevenson to the issue because: 1. There was no contract between Donoghue and Stevenson since Donoghue did not pay for the ginger beer. 2. There was no evidence that Stevenson was negligent. There could be a chain of possibilities that could include other third parties who could potentially be responsible for the issue. The House of Lords, being the highest adjudicating body with some law making powers at that time had to decide on how to deal with the problem. They could set a precedence. However, such a precedence had to be sensitive to the broader society since it could be reapplied to other cases in the future. Thus, the five judges of the case sa t on the facts and took a decision. The submissions of the different judges were as follows: Lord Thankerton He identified that there was no contract between Donoghue and Stevenson and clearly, there was no duty of care between the parties. However, he conceded that a manufacturer brings himself a voluntary obligation of not harming a consumer. This obligation was to be upheld in order that a consumer can rely upon the diligence of the manufacturer without issues. This means that he identified

Explain the conservatism of the New Right - what did it strive to Essay

Explain the conservatism of the New Right - what did it strive to conserve and what did it fail to conserve - Essay Example The concept of conservatism emerged out of the strong protest to socialism and communism. Capitalism and conservatism have always gone hand in hand. The concept conservatism is basically associated with history of the nation which includes a different political attitude in different eras. In American contest the conservatism is marked by tensions and absolute contradictions between anti-communists and anti-statists, but between traditionalist and individualists who declared publicly the primacy of religion, politics, or economics. The central idea, upon which the foundation of American conservatism is based on, is ordered liberty. It comprises of both individual freedom as well as individual responsibility. It also deals with limited government and unlimited market. It means the non interference of government in economy. The conservative attitude was associated with carrying on the past and an established thoughts, rules and conducts. According to the conservative thoughts the change s will affect the society rather than any positive sequel. The conservatives were involved in preventing the growing influence of socialism and communism. From mid 1930 to the 1960s the traditionalists in America gathered with the objective to fight the liberals’ â€Å"New Deal. The modern conservatism in America was influenced by the ideas of Russell Kirk. He affirmed his ideas through â€Å"Conservative minds.† Thus modern conservatism became the main political force in 1964. Russell Kirk was known as the father of modern conservative thought. In the United States the term New Rights refers to historical different conservative political movements. The New Rights were trying to conserve the old things but for their efforts they had to accept the changes. It was not affordable for them to be rigid with their opinion. The first New Right (1955 to 1964) adopted the â€Å"fusionism,† i.e. classical liberal economics, traditional social values, and an ardent anti-c ommunism. The second New Right in America was formed during Goldwater Campaign. The Second New Right became more popular than the first one. The Second New Right helped Ronald Reagan to win the White House in 1980. On the background of conservatism the attempt has been done to take review of two books, one is â€Å"Suburban Warriors,† and second is â€Å"Republican Ascendency.† The two books are basically written on the same background. â€Å"Suburban Warriors,† is one of the books during the rise of the New Rights. In the book the author Lisa McGirr focuses on the conservative monopoly of Orange Country to know the economic as well as social causes for its fanatical embrace of Goldwater- Reagan republicanism. Lisa McGirr here depicts that their movement was not one of unimportant people suffering from status anxiety. On the other hand this movement was established by successful people living a modern life and yearning for bright future. Lisa McGirr explains the importance of Orange Country that it was a â€Å"real centre and symbol of American Conservatism.†(P.4) In the end Lisa McGirr opines that they have become successful they have engaged in preserving things with its new form. They want the original values but at the same time they are aware of the fact that changes are inevitable and so they accept everything with adaptation. While telling that the conservatives have not just adopted the old rules, she says â€Å"