II. The Event must be unforeseen and beyond the party’s control in order to constitute force majeure: Under all precedents, an event may constitute force majeure only when it is unforeseeable and beyond the party’s control.
A) The event must be unforeseen: The Supreme Court opines that it is not enough to mention an event in the catchall force majeure provision to constitute force majeure, in addition, each event has to be unforeseen (United States v. Brooks-Callaway 63 S. Ct. 474 (1943). Moreover, a party might not invoke the force majeure provision whether the event was a high water or a flood, as it was due to conditions that are “normally foreseeable.”(Id). Further, New York Court of Appeals held that a party may excuse itself if the event was unforeseen and beyond the party’s control (Kel Kim). Since a liability insurance crisis could have been foreseen, the defendant might not benefit from the force majeure provision (Id) Stonerose could rely on Brooks and Kel Kim to make a strong argument that Jordan could have normally foreseen the pit bull ban on five grounds. First, over 900 U.S. cities have enacted laws that define pit bulls as “dangerous” dog breeds and have limited their public exposure. Secondly, many New York state towns generally disallow Pit Bulls. Thirdly, Crump (the new mayor of New York City) tweeted “ban these monsters!! No more Pit bulls or other dangerous beasts in our city.” Further, Twitter is considered a public forum which renders any
“(1) There is a present and imminent emergency arising without fault on the part of the actor concerned;”
| The potential harm by the statement of fact is that injury or death could occur due to an explosion.
The media portrays Pit Bulls as innately aggressive and dangerous due to their past with dog fights. There are banns all around the world on people owning Pit Bulls, and restricting them on what they can and can’t do with their dog. For example, recently in Montreal Canada, Pit Bulls were banned and ordered to be surrendered, euthanized or have very strict limitations on their freedoms outside their homes (Malboeuf, M 2016). Pit Bulls in the media can go back a long time, but they didn’t become such a target for BSL until football star Michael Vick was convicted and charged with animal abuse, slaughter and illegal dog fighting (Animal Legal Defense Fund 2010). BSL is an acronym for breed specific legislation which is a law that bans or restricts certain types of breeds based on their appearance, usually because they are perceived as dangerous breeds of
Aren't we irresponsible if we don't plan ahead for possible emergencies by leaving ourselves some excess capacity? (Recall that in this metaphor, capacity includes things like supplies.)
MAIN IDEA #2: One of the biggest preconceived notions about the pit bull is that they are the most dangerous dogs in the world that run around wild-eyed and blood thirsty. They have been improperly labeled as vicious creatures that are incapable of love and
Pit bulls are the most misunderstood dog breeds in the world. When people hear the word pit bull they automatically think of dogs fighting and attacking. When people say "pit bull" they're usually referring to a range of breeds and, often, a mixed-breed dog. (Lawrence, C Louisville Magazine Feb 2007) People think they are a very dangerous breed of dog. Because of this, some areas do not allow pit bulls and breeds like them. Pit bulls are the leading culprit of dog bites in America, but on the other hand, they are the gentlest dogs people will ever meet. The National Canine Temperament Testing Association
event of a catastrophic disruption (fire) or disaster (hurricane) and a major IT or data center outage occurs
An intense debate follows when the word Pitbull is mentioned. Pit Bulls do not have naturally, dangerous characteristics, yet they are still negatively perceived by people believing they are all aggressive dogs and dangerous to the public. The banning of Pit Bulls has caused the establishments of anti-Pit Bull banning organizations. Moreover, laws that ban this precious breed of dog creates illusions, but not the reality of public safety, which is why Pit Bulls should not be banned anywhere and must be allowed to live in any residential area with their owners.
Throughout the United States, pit bulls have been banned from multiple cities. A lot of people have given pit bulls an awful reputation. People have trained their dogs to be very aggressive so the pit bulls can fight other pit bulls. Consequently, pit bulls are not like any other dog. They are more than any other dog can be. Pit bulls make great family dogs, they have such high intelligence and the dogs are very responsible and dictate ownership. No dog should be banned from living in a certain place. Dogs are just as important as humans and for the authorities to restrict the animals from living their lives with people who will give them love is wrong. Pit bulls are typically known as attack dogs because they have such a strong history of attacking other dogs and humans. Many people believe it is because of the dog’s breed, but others believe it is the owners and how they train them. To avoid the situation, owners just have to be sure they train the dog the proper way when they are little. Many cities restrict the allowance of pit bulls living there due to the history of their aggression, animal control should make sure the house is a safe environment and occasionally have checkups on the house and owners to check on the dog. A safe environment at home is a place where the animal doesn’t get abused. Pit bulls should not be banned from living in certain places because of their history of aggression.
Before the Civil War, when the first pit bulls came to America by English immigrants, they were a respected breed. They were used as guards and herd pets. In the early 1900’s they were one of the most popular breeds America. They became a symbol of American pride. Their pictures were used to recruit soldiers during World War One. One example of popular pit bulls was Stubby, a pit bull mix, who was a war hero. He once saved his entire platoon by warning them of a poison gas attack.The breed stayed famous in the 1950’s and 60’s. Although they do attack people and get mentioned on the news, other dog attacks
Pit Bulls have been banned for many reasons but the biggest one is that they are known to attack people. When they are one of the most stable dogs in the country. When tested by the American Temperament Testing Society Pit Bulls achieved a passing rate of 83.9% vs the Beagles at 78.2%, and Golden Retrievers at 83.2% passing rate. The test that the American Temperament Testing Society performed was out of 122 dog breeds and the pit bull scored was one of the best. They have only been known to
The controversy over the American Pit Bull Terrier is an ongoing battle that a lot of people continue to fight today. The most common thing associated with Pit Bulls is dog fighting. Probably one of the most common myth about Pit Bulls would be that they originally bred for dog fighting. There’s an odd fact most people tend to not realize about Pit Bulls that were nannies and and helped Americans in the great wars, but people still look at this animals like they are the spawn of the devil. The reputation that society gives these heroic dogs is sad because who knows if the Allies would have won if they didn’t have Pit Bulls helping the fight both the great
In chapter 3, titled “Congress and the Agencies”, we learn of a few of the many laws, processes and agencies that have been created to better prepare the United States for a national emergency. Since the origins of the United States, the President has always been the lead on emergencies that required attention by the federal government, but the legislative and judicial branches of the government have become more and more involved in making sure that it is done constitutionally. One of the main reasons for this is because of the statutes that have been created because of the response to emergencies. These statutes have been separated into three separate categories.
This chapter provides an overview that describes the basic types of hazards threatening the United States and provides definitions for some basic terms such as hazards, emergencies, and disasters. The chapter also provides a brief history of emergency management in the federal government and a general description of the current emergency management system—including the basic functions performed by local emergency managers. The chapter concludes with a discussion of the all-hazards approach and its implications for local emergency management.
An emergency is a severe, sudden and sometimes risky circumstances requiring urgent action (Salman Sawalha, 2014). Escalation of an emergency situation can lead to disaster; which is an unusual event that can cause lost of life and property (Salman Sawalha, 2014). International Federation of Red Cross and Red Crescent Societies (IFRRCS) define disaster as “unexpected devastating events that disrupts the operations of a population or public which leads to huge losses and overwhelmed the affected community 's ability to respond to the situation with the resources they have at hand”. There are two main types of disaster that can lead to emergency situations; these include natural and man-made disasters.