Wednesday, April 24, 2019

The But for test Essay Example | Topics and Well Written Essays - 2000 words

The But for test - Essay utilizationSuch pandects believe that as far as justice is concerned, oneness person should non be the reason for other person suffering injuries or any physical calamities and so as big as the law can proof that solely for the defendants action, the complainant would not ready suffered, the defendant should be made to face the full damages caused. The other school of intellection excessively hold the idea that laws are meant to be amended and changed to suit the human society. For this reason, they see nothing awry(p) with logical changes that arise from the need to protect the larger interest of society. With such two schools of conceit tout ensemble seeming to have some point to prove, the discussion and conclusion of the paper would bring one of the schools of thoughts high to the other. How Fairchild (2003) have affected the original application of the but for test The Fairchild (2003) emanated from the case, Fairchild v Glenhaven Funeral Ser vices Ltd 2002UKHL 22. In the case, the married woman of Mr. Fairchild was seeking justice for her keep up, who had worked for distinguishable employers, who had all, in one way or the other negligently undefendable him to asbestos. Since Mr. Fairchild died as a result of suffering pleural mesothelioma, Mrs. Fairchild was actually suing the employers for negligence. As far as the but for test was concerned, her major claim was that but for the exposure that her husband suffered at the hands of the different employers, her husband would not have died. But there was going to be more than just this contextual assumption.... as long as the law can proof that but for the defendants action, the complainant would not have suffered, the defendant should be made to face the full damages caused. The other school of thought also hold the idea that laws are meant to be amended and changed to suit the human society. For this reason, they see nothing wrong with logical changes that arise from the need to protect the larger interest of society. With such two schools of thought all seeming to have some point to prove, the discussion and conclusion of the paper would bring one of the schools of thoughts higher to the other. How Fairchild (2003) have affected the original application of the but for test The Fairchild (2003) emanated from the case, Fairchild v Glenhaven Funeral Services Ltd 2002UKHL 22. In the case, the wife of Mr. Fairchild was seeking justice for her husband, who had worked for different employers, who had all, in one way or the other negligently separated him to asbestos. Since Mr. Fairchild died as a result of suffering pleural mesothelioma, Mrs. Fairchild was actually suing the employers for negligence. As far as the but for test was concerned, her major claim was that but for the exposure that her husband suffered at the hands of the different employers, her husband would not have died. But there was going to be more than just this contextual assumptio n as the judges who heard the case would have different interpretations of the but for test to take a shit as far as the case that was presented was concerned. Basically, she had to proof that the sole cause of her husbands muscular contraction of mesothelioma was as a result of the inhalations he had from his employers are there exists several environmental factors that can expose a person to the disease causing

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