Legal system and method Essay Example | Topics and Well Written Essays - 1500 words

Legal system and method - Essay Example Subsequently, Laroche made a claim in the High Court of England and Wales, for personal injury against the defendant, which was dismissed. Laroche appealed against this decision in the England and Wales Court of Appeal. The High Court had held that his claim had been extinguished, on the basis of Schedule 1, Article 29 of the Carriage by Air Acts (Application of Provisions) Order 1967. Thereafter, the Spirit of Adventure underwent voluntary liquidation, but it was appropriately restored, so that Laroche could claim damages for the injury caused to him. In England, all claims are subjected to the application of the Non – International Rules and they also fall within the scope of the Warsaw Convention on International Carriage by Air 1929. Thus, the concept of exclusivity of claims is governed by the Carriage by Air Act of 1961. In this case, the claim was made under article 29 of Schedule I. Under this article, the parties have to make a claim within a period of two years. Thus, the claim in this case was not valid, since two years had already transpired. The claimant could not invoke his right to action. Section 651 of the Companies Act 1985 sets aside such limitation. Nevertheless, article 29 could not be excluded in order to invoke the doctrines of estoppel or waiver under English law1. It was held by the court that Laroche’s claim was governed by Schedule 1 of the 1967 Order. This Order provides an exclusive cause of action; and Laroche could invoke this schedule to his claims. However, he had failed to make a claim within two years. Thus, he was precluded from invoking Schedule 1 article 292. This is a landmark case in the area of accidents, during carriage by air or sea. It served to establish that the provisions of International Conventions will be applied to claims in such accidents. The provisions apply to claims in domestic or international accidents. The conventions provide remedies to the claims for damages, and are

A Critique of Paradise Lost (Domestic Division) by TERRY MARTIN HEKKER Essay

A Critique of Paradise Lost (Domestic Division) by TERRY MARTIN HEKKER - Essay Example But in its efforts to tie in the author’s experience with the greater debate on women’s choices regarding family and career, the article offers nothing really new except probably with the shocking revelation that even women into their 60s, almost forever married by today’s standards could still be dumped by their husbands. Furthermore, some of the arguments pertaining to the debate tend to be contradictory or ambivalent. Hekker succeeds in making a significant emotional pitch for presenting herself as a cautionary tale of a woman who though, already in her four decades of marriage and well into her senior years could still be discarded by her husband with all the emotional and financial hardships of dealing with the aftermath. The article mostly centers on her case alone, and in a passing reference, to those of her two friends who were also divorced by their husbands and which she remarkably noted that among them, â€Å"they’d been married for 110 years†. What makes the article even more poignant is that the author wryly compared herself and her friends to â€Å"outdated kitchen appliances†: â€Å"Like them†, she wrote, â€Å"we were serviceable, low maintenance, front loading, self-cleaning and (relatively) frost free. Also like them we had warranties that had run out. Our husbands sought sleeker models with features we lacked who could execute tasks wed either never le arned or couldnt perform without laughing.† It is indeed quite shocking and repulsive to note that there are men, for example the author’s ex-husband who could treat a marriage of forty long years like it was nothing – although the husband’s reasons for leaving the marriage are not revealed to the readers, the sympathy goes to the author who watched herself struggled financially while her husband gallivanted with his new wife in Mexico. However the article’s main strength which is its emotional appeal of how men could abandon women also