Mexicans Temporary Residents in the USA Essay Example | Topics and Well Written Essays - 750 words

Mexicans Temporary Residents in the USA - Essay Example So, it is a seasonal migration – coming and going back and coming again, making them temporary residents in America and Canada. However, this is not a completely true picture. One reason for labeling Mexicans, as temporary residents might be political in nature. The larger community intends to get political benefit by proclaiming Mexicans as temporary residents to argue in support of North American Free Trade Agreement (NAFTA). Thus, there are other arguments against the notion that need to be discussed. In fact, certain findings on period of stay, family formation, network development and work status prove the statement wrong that Mexicans are temporary residents. Let’s analyze those findings. There are a number of factors that support the inclination of Mexicans to have permanent settlements like the duration of stay, family formation, network development and work. The desire to settle permanently by Mexicans has not been given due coverage and recognition. A large nu mber of Mexican children go to American schools, which shows they want to settle down forever in America. After a long period of stay in America, undocumented Mexicans like Central Americans don’t want to return back because they have become a customized to the changes with the passing of time. The argument that stable economic and political environment at home is prompting them to go back to their original place, particularly after signing of NAFTA is devoid of substance. It is also politically misleading as a segment of politicians in America want the Mexicans to return to their homeland to lessen the weight on American resources. Definitely, there is a role played by the economic and social forces in the occurrence of Los Angeles riots and in initiating a trend amongst Mexicans to migrate back to their homeland. Rousseau idea of labeling Mexicans as â€Å"homing pigeons† does not hold ground as in reality ‘their experiences in the new  communities’ (Chavez) hold them back to America.

Exclusion clause Essay Example | Topics and Well Written Essays - 1500 words

Exclusion clause - Essay Example Exclusion clauses are guided by statutory provision and case law (Barker, 2007). In English Law, Simon (1981) noted the Unfair Contract Terms Act 1977 (UCTA) seeks to regulate exclusion clauses in contracts by limiting their applicability to cases where they are absolutely necessary. The Act regulates all contracts (Beale, 2012). One of the statute’s primary roles is to restrict the legality of disclaimers of liability to reasonableness, depending on the kind of the duty which is claimed to be exempted and whether the offerer who intended to benefit from such clauses harmed the consumer’s interests (Brawn, 2012). The UCTA is usually applied in combination with the Sale of Goods Act 1979, the Supply of Goods and Services Act 1982 and the Unfair Terms in Consumer Contracts Regulations 1999. Firstly, under the UCTA, a party cannot excuse himself or herself from negligence under section 2(1) of UCTA 1977 when the breach of duty results in death or personal injury (Hughes-Jennett and Anslow, 2009). Secondly, under section 5(a), a company cannot exempt itself from liability caused by faulty goods or distributor negligence, particularly where commodities are meant for consumption (Stone, 2013). The doctrine that cushions the consumer is referred to as manufacturer liability. Thirdly, in light of the need to protect the consumer, sections 12-15 of the Sale of Goods Act 1979 outlaw the exclusion of implied terms or terms which provide details of value or sample of goods (Walsh, 2009). In addition, the Consumer Protection Act 1987, and the Occupiers Liability Act 1984 are also vital pieces of legislation whose enactment contributes to the regulation of exclusion clauses (Page, 1994). Despite the enactment of these rafts of legislation to regulate a relatively small area of law, the fundamental reason behind them is to protect unsuspecting consumers from death, personal injury or material losses