Thursday, February 13, 2020

Nuisances Essay Example | Topics and Well Written Essays - 750 words

Nuisances - Essay Example   Secondly, the plaintiff must also prove that the act of nuisance constituted unreasonable and unlawful conduct. In arriving at a determination of whether the defendant’s actions can be held to be unlawful and unreasonable and thereby constitute the private nuisance, the Courts will take into account the locality of the land, because actions in areas may constitute nuisance while they would not in others. The Courts will also consider whether the nuisance action would have affected the sensitivity of a normal, everyday person.   For example, in the case of McKinnon Industries v, Walker fumes from a neighboring factory destroyed delicate orchids.   But the Courts held that since the smoke would have affected even ordinary flowers, the act constituted the private nuisance.  An act will not be construed as the private nuisance if its general outcome is to be of some use to the community, after taking into account the location and the time of the activities.   For examp le, in the case of Harrison v Southwark Water Company building work that was carried out during the day was not deemed to be a nuisance because it was carried out at a reasonable time during the day and was likely to improve the value of the surrounding property when completed.  An act will be held to be a nuisance if it can be demonstrated that the defendant had a malicious intent because this will serve to establish that the defendant's actions were unreasonable and thereby constitute the nuisance.

Saturday, February 1, 2020

Illegal Immigrants - A Strain on the US Economy Essay

Illegal Immigrants - A Strain on the US Economy - Essay Example Following discussion aims to illuminate the reality of the claim that â€Å"although illegal immigrants contribute to the US economy to a certain extent, it is important for the government to strictly control or regulate social services granted to them as demerits spawned by illegal immigration outweigh a few merits.† Social services received by illegal immigrants should be strictly controlled by the US government. This is because they have always proved a significant strain on the budget which is a fact of monumental importance particularly in current times marked by economic contraction. Illegal immigrants constitute a large part of the working class. Employers like to hire illegal immigrants because of the tendency to benefit from the option of cheap labor. Research conducted by the Department of Labor also proves that more than half of the workers who are assigned the task to pick crops to happen to be illegal immigrants (Finnegan). An increased labor class based on illegal immigrants poses damage to local workers. Research claims that â€Å"migrants perform tasks, at rates of pay, which most domestic workers would be unwilling to work at† (The Economic Affairs Committee 100).This suggests that many such jobs which should be given to locals are offered to illegal immigrants as they agr ee to do the same tasks for far lower prices. This benefits the employers but generates problematic issues for both locals and the federal government. As mentioned already, many rules and regulations were formulated in response to a rising rate of illegal immigration. â€Å"The Immigration Reform and Control Act of 1986† or IRCA is one such act worth mentioning here which clearly warns against hiring people residing illegally in the US (Fuqua 214). All employers are required to check the legal documents of their employees before selecting them. However, illegal immigrants still continue to be hired because they provision of myriad social services serves to encourage them.