Law of tort Essay Example | Topics and Well Written Essays - 3500 words

Law of tort - Essay Example ill be obliged to pay damages for a breach of duty of care and the Court will not question whether or not the defendant has acted in a justifiable manner. On the other hand in a case of no fault liability, it is possible that a victim may not receive damages for the harm caused if there has been a good justifiable reason for the wrong that has been perpetrated on the victim. Bearing these factors in mind, there are two avenues that Ron could consider in recovering damages in tort. On the one hand, he could bring a tort for negligence and breach of duty of care on the part of Nurse Emmanuel, and/or hold the owners of the property, i.e, Rapidbuild, responsible for his injuries under Occupier’s liability. Both the options are discussed in detail below, in order that Ron’s parents may opt for one or both the options. There is no doubt that Ron can indeed bring an action in tort, because for such an action to be actionable, some harm should have been suffered due to a wrongful act and Ron may be able to prove both of these. The Occupiers Liability Act of 1957 imputes liability upon owners for premises that they may own, including fixed and immovable structures on it1. The fence on the land would therefore qualify as immovable property upon the land owned by Rapidbuild. The Company will be deemed to be the occupier in this case, because it is owns the property and is also in a position whereby it can exert a sufficient degree of control over the premises. Although Ron and Kevin would be deemed to be trespassers for purposes of this Act, there will be recourse available for the children. Prior to 1972, occupier liability was limited, for example in the case of Robert Addie and Sons v Dumbreck2, where a child died but Lord Hailsham limited the liability of the occupier, especially towards trespassers, when he stated that an occupier would be liable only â€Å"where the injury [was] due to some willful act involving something more than the absence of reasonable

The movie Le Confessionnal by Lepage Essay Example | Topics and Well Written Essays - 1500 words - 1

The movie Le Confessionnal by Lepage - Essay Example The first concept that is seen with the movie â€Å"Le Confessional† is based on the controversy of the confession. This remains an apparent theme throughout the movie by LePage and creates a sense of mystery over the secrecy of the confessional as well as the way in which it complicates different concepts in society. The first confessional is one that is not seen through the main character, Rachel, but is displayed through the filming of Hitchcock’s movie, â€Å"I Confess,† which is a murder mystery about a murderer who confesses in the church about killing another individual. Because of the seal that swears secrecy the murderer doesn’t go to trial. The second confession is from the girl, Rachel, who finds herself pregnant at 16 and which the father of the child is sworn into secrecy. The third confession comes from the son, Marc, who is a display of homosexuality and which shows the opposing side to the confessional (LePage, 1). The concept which becomes controversial is with the seal of the confessional. All three of the confessionals that are displayed throughout the movie show how there is an intertwining with the past confessionals and the present as well as how each creates an unraveling effect that creates a change in the next generation (Gude, 72). The confession of Rachel is one which directly impacts Marc and Pierre as they search for the past and live a lifestyle that displays the misunderstandings of the past. The same type of complexity arises with the confession of the murderer and the way it creates different concepts that intertwine problems in the future from the past. This particular problem was one which was noticed in Canada and other regions in the 1950s, specifically because there were several who were committing crimes and not being tried because of the seal of secrecy. The opposition was toward the Federal Rules of