Friday, February 28, 2020

The two cases Carvaho v. tool brothers developer and Herczeng v Essay

The two cases Carvaho v. tool brothers developer and Herczeng v. haptom township municpal - Essay Example Francisco Caravalho, an employee of the subcontractor Jude Enterprises who was doing the excavation work, died when an unshored portion of the trench he was working in collapsed. [Handler] Argument The prosecution charged that Bergman’s site inspector hired to observe the work performed and who was present when the accident happened to monitor the progress of the work had a duty to supervise safety procedures of the construction and that the inspector had knowledge of the unsafe condition. Responding to the suit by the widow, Mrs.Carvalho, Bergman said maintained that the engineer's contract disclaimed responsibility for jobsite safety [which the court allowed].The methods, the interpretation, and the enforcement of hold harmless agreements should be governed by the intention of the parties in providing for insurance and the division of risk. [Handler].The site inspector’s duty was limited to inspect only the material being used and the amount of work being done. The ra tionale behind this defense was obviously the trust of the defense in the â€Å"hold harmless clause† in the defendant’s contract. He also noted because of an error he was not insured.

Wednesday, February 12, 2020

Legalization of marijuana Essay Example | Topics and Well Written Essays - 1000 words

Legalization of marijuana - Essay Example Therefore, this paper will seek ideas to develop an argument for and against legalization of marijuana, through elaboration of the ideas from different sources. Prohibition of marijuana is considered a misguided and ineffective policy, which has not contributed to reduction of marijuana consumption, since the government use funds to implement the policy, instead of collecting tax revenue from sales of legal marijuana. The government spends over ten billion dollars every year on enforcement of drug laws, thus resulting to cost of drug prohibition being wasted on the law enforcement resources. Therefore, government should impose a tax on sales of marijuana, hence eliminate the violence related to the organized drug trafficking (Edelson, 2012). Legalization of marijuana is also associated with a positive impact of lowering the crimes, since the regulation of drugs distribution can result to a reduction of the drug disputes, hence decreasing drug related crimes, besides, the use of marijuana can no longer be considered a crime resulting to a decreased number of criminals. Moreover, the prices of marijuana would decrease, thus cause a subsequent reduction in the crimes such as theft cases. On the other hand, prohibition of marijuana results to thousands arrests annually involving non-violent offences. The legalization would also make the police officers focus on serious crimes such as robberies, sexual assaults, violence, child abuse, burglaries and drunk driving. A relationship has been established between abuses of food intakes and the top ten leading causes of deaths in the world, but marijuana has never been mentioned; thus, there are no death tolls related to use or abuse of cannabis. In fact, the use of marijuana has not shown evidence related to causing health problems like cancer or heart disease; hence, it is considered harmless. Nevertheless, there