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Stupid Judges Judgements

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Comments

  • Registered Users, Registered Users 2, Paid Member Posts: 25,000 ✭✭✭✭Sleepy


    Lady says 'Noise is getting on my wick, knock it off Dublin Bus'
    Dublin Bus says 'fine'
    Dublin Bus doesn't bother
    Lady reminds 'em
    Still no improvement
    She sues 'em

    Dublin Bus took measures to try and facilitate the woman. If the company proved (which I assume it did) that it had put in place these measures I can't see how they can be sued for the actions of some of their employees. The company eercised their due of care to the public. Their employees didn't. Maybe they could have tried implementing disciplinary procedures but as we all know, the union would have been bloody fast to go on strike had Dublin Bus tried. So, to any logical means of thinking, Dublin Bus management did all they could to appease the woman without subjecting the country to YET ANOTHER avoidable strike.
    On a more general point, the more reactionary of you will be absolutely f***ing thrilled at the amount of ammo coming your way when the courts actions involing pubs/noise-pollution/smoking-ban/standing-outside-until-1-in-the-morning cases start coming up.
    Given that the publicans are only enforcing the law, I don't see how they can legitimately be in an actionable position for the behaviour of people outside their premises. They're not the direct cause of any disturbance caused by people on the street. Sure, if the pub PA system is being turned up to excessive levels, you would have a case as this is something that the publican has direct control over. It'll be the government that'll be defending these type of actions you predict as they are the direct cause of them.

    Again, logically, why would anyone move near a pub if they objected to a bit of noise at night? People have a large degree of freedom of choice and if their free choices turn out badly, to any sane mind, they must accept the consequences of these decisions. It is not[/i] societies problem if you make a mistake (unless that mistake involves you breaking the law).


  • Registered Users, Registered Users 2 Posts: 7,581 ✭✭✭uberwolf


    my understanding of the original case mentioned re: the d'young fella was that he sued the council and dublin bus. Dublin bus on the basis that they had a vehicle in the way of the crazed horse, and that the driver was sufficently trained to deal with the situation. TBH the irishmans diary is my source on that one though, a day or two ago


  • Registered Users, Registered Users 2 Posts: 1,884 ✭✭✭grumpytrousers


    Dublin Bus took measures to try and facilitate the woman. If the company proved (which I assume it did) that it had put in place these measures I can't see how they can be sued for the actions of some of their employees.

    They can..be sued, I mean. If you're a grumpy old Lady, you'll sue the company for noise disruption or whatever on the grounds that it's their agents who may be causing the problem - in this case the driver.

    The legal advice the lady will get is "You've no business sueing the bloke taking home x thousand € a year - he doesn't have his own public liability insurance and can't afford to pay out the kind of damages you're gonna look for - Hit The Company!"
    Strike

    Largely a red herring. Dunno how a Union could even attempt to justify 'switching off a bus at a terminus' as an 'intolerable burden on their working conditions'. I mean - I say that and I'd consider meself a bit of a leftie! :D
    Given that the publicans are only enforcing the law, I don't see how they can legitimately be in an actionable position for the behaviour of people outside their premises. They're not the direct cause of any disturbance caused by people on the street.

    Oh aye - I know that. You know that. It won't stop people bringing actions though. And like I said above - they're more likely to be able to 'afford' an action. Who's right and Who's wrong is one for those better qualified than us to figure out. If it's written down that publicans have an obligation to observe some kind of peace and quiet thing...they somebody somewhere'll have 'em for a few bob. Or else there will be raft of objections to renewal of Licenses. All I'm saying is that the ball has started rolling.

    *taps nose*

    say no more!
    Again, logically, why would anyone move near a pub if they objected to a bit of noise at night?

    Noise out on the street is a bit different. You'll tend to get (come closing time) a lot more yelling, a lot more f***aboutery going on. I don't live near a pub (dammit) but I...er...know of people who do and aren't impressed!
    People have a large degree of freedom of choice and if their free choices turn out badly, to any sane mind, they must accept the consequences of these decisions.

    Depends. I mean - if you've had a tolerable situation that has lasted for x years, and suddently that changes without any recognition of your wishes, don't you have a right to complain?
    You live beside a pub, and over the years you get used to the 'steady hummm' of voices and whatever, but by and large, the noise is absorbed by the furnishings and whatever of the pub. That's fine.
    But suddenly the smoking ban tends to bring a louder clientelle out onto the streets where, coupled with late drinks on friday/saturday, it's considerably more difficult to get a nights sleep.

    I'm not sure you should have to take that on the chin.

    parallel example - it's okay to live by Heathrow Airport by day - yeah, you get the jets screaming in etc, but it's not all thru the night, so at least you get a nights sleep. What's happened is that the government in the UK suddently decided to let Heathrow go 24 hours. Now - that's not a case where the 'freedom of choice exercised turn out badly and must be accepted'. Okay - you can move, but you shouldn't have to just cos of a decision being made by legislators that doesn't take full consideration of the rights of others indirectly affected.

    It's called 'joined up thinking' and it's something we're not all to good at!


  • Registered Users, Registered Users 2 Posts: 6 gohaha


    According to the Constitution, it seems the only way to remove a judge is through a motion from the Oireachtas.
    However, I am unsure if this has ever happen.

    The most chocking thing is that Judges are nominated by politics. The Constitution states it should be by the President...

    Judges does not undergo a formal and uniform training though...

    And the separation of power can not be insured by the Constitution...
    Example of such is the fact that Chief Justice and the President of the High Court are both member of the Council of State,
    advising the President... How can those two take part in decision regarding State legislation on the basis that noone should be judge and party.


  • Registered Users, Registered Users 2 Posts: 40,291 ✭✭✭✭Gatling


    Where did you find a 9 year old thread ,prepare to be sentenced crime of necrothread


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  • Registered Users, Registered Users 2 Posts: 5,324 ✭✭✭JustAThought


    Gatling wrote: »
    Where did you find a 9 year old thread ,prepare to be sentenced crime of necrothread


    I was wondering why a lot of recent stupidness wasn't in it. Now I know.


  • Registered Users, Registered Users 2 Posts: 1,717 ✭✭✭johnayo


    The Mods will be around in a little while and you will be sentenced to 6 months with hard labour for resurrecting such an old thread.:D


  • Registered Users, Registered Users 2 Posts: 43,305 ✭✭✭✭K-9


    gohaha wrote: »
    According to the Constitution, it seems the only way to remove a judge is through a motion from the Oireachtas.
    However, I am unsure if this has ever happen.

    The most chocking thing is that Judges are nominated by politics. The Constitution states it should be by the President...

    Judges does not undergo a formal and uniform training though...

    And the separation of power can not be insured by the Constitution...
    Example of such is the fact that Chief Justice and the President of the High Court are both member of the Council of State,
    advising the President... How can those two take part in decision regarding State legislation on the basis that noone should be judge and party.

    Mod

    Thread is nearly 10 years old and the site frowns on dragging up threads that old. Feel free to start a new one, we also have a Politics board here, the button to start a new thread is near the middle of the page called New Thread.

    Mad Men's Don Draper : What you call love was invented by guys like me, to sell nylons.



  • Closed Accounts Posts: 797 ✭✭✭Dwork


    Yeah, the law is the law. Right. I was in the high court(got sued by a rich cnut who was mad as a hatter and was so wrong it just was not right). Up beore me was some fat, lazy, skanger cnut that tripped on a loose pavement. He got 70k compo for tripping. Tripping.

    Me? I got to pay the stone-mad (but rich) luder that was sueing me (for robbing me in the first place) compo. Justice? Not in this country. You're waay better off being a brass necked cnut. Judges love them.


This discussion has been closed.
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