Tourism, leisure, culture, society, polities Essay

Tourism, leisure, culture, society, polities - Essay Example However, it should be noted that tourism bears hazardous effect on the environment and cultural authenticity due to a mass flow of people irrespective of the local traditions and rites to be taken care of. First and foremost, tourism is a result of consumerism. It deals with a set of services people have at their disposal for a particular amount of money. There is a pitfall for everyone thinking of solely positive effect of tourism worldwide. Hence, capitalist preferences drive many tourists to consume more than ever before compared to their own locations. In its turn, the financial issue is one of the most significant drives in choices made by tourists (Haan, 2008). That is to say, tourism and consumerism are close in their practical meaning with landscape as the main medium of attraction for tourists (Aitchison, MacLeod, & Shaw, 2001). Hence, it is indicative of many people to be troublemakers instead of normal tourists, as they intrude into the milieu of the cultural and ethnical diversity taken care of by locals with no excuse at all. As long as they are driven by the idea of their right for letting loose in accordance with money they spent for such a pleasure, they feel like they have already covered all expenses. Besides, there is a clear distinction between tourism and travelling. Andrews (2011) admits in his study that tourism does more harm to the environment than travelling, as the former touches upon invasion, pollution, and narrow-mindedness while the latter is characterized by discovery, understanding, intelligence, adventures, and broad-mindedness. By and large, tourism is a mark of a person’s identity looking at the places one visits and the services one prefers most of all with an idea of possible cultural merge in mind (Weiermair & Mathies, 2004). It is all about the financial substantiality of individuals. Thus, as long as a tourist pays for a tour along with providing a definite

Law - Civil Procedure (Hong Kong) Essay Example | Topics and Well Written Essays - 1500 words

Law - Civil Procedure (Hong Kong) - Essay Example James (1854) 5 De G.M. & G. 876 and its brethren (Novello v. James (1854) 5 De G.M. & G. 876). This undertaking is not given to the party against whom the injunction is sought, but to the court who is overseeing the proceedings from which the injunction came (Zuckerman, 1994, p. 546). The reason that the plaintiff has to give this undertaking is in the event that either the injunction is dismissed for any reason, or that the defendant wins in a trial on the merits. In either of those cases, it must be shown that the defendant was kept from exercising his or her lawful rights, and was harmed by this. Therefore, the money given as an undertaking must be equivalent to what monetary damage that the defendant would experience because of this loss of rights. This undertaking is a safeguard for defendant’s rights, as the court is sworn to give both parties equal treatment, and it is a matter of â€Å"elementary fairness† that this undertaking is given (Kirklees Borough Council v. Wickes Building Supplies Ltd. [1991] 3 W.L.R. 985). However, the entitlement to damages is not independent of the undertaking (Fletcher Sutcliffe Wild Ltd. v. Burch [1982] F.S.R. 64), and whether or not the defendant is entitled to the undertaking is not decided by the material event, such as the injunction being dismissed or the defendant prevailing on the merits, but, rather, is a discretion of the court (Attorney General v. Albany Hotel Co. [1986] 2 Ch. 696). This discretion is not limited in any way (Cheltenham and Gloucester Building Society v. Ricketts [1993] 1 W.L.R. 1545. This means that the court does not necessarily have to grant the defendant the damages that have been deposited, even if the defendant prevails on the merits and even if the injunction is dismissed, and this discretion about whether or not to award the defendant is essentially unbridled. This brings up the question of what the undertaking is meant to compensate. The injunction usurps the defendantâ€⠄¢s rights in some way, and this is a harm that is suffered by the defendant. For instance, perhaps the defendant is enjoined from keeping open his business after he has already opened it, because the plaintiff seeks an injunction based upon the fact that defendant is, say, operating a business that is not zoned for a particular area. As it turns out, the zoning for the area is proper, and the existence of the business in this area is also proper. Yet Defendant has now lost several days or even weeks of business. This is a clear harm to the defendant, yet the court does not have to award the defendant the undertaking if the court deems this to be fit, and this discretion is not limited, therefore the defendant probably could not prevail on an appeal on the matter, as appeals courts are loathe to interfere with judicial discretion. This is obviously an injustice, but, since an undertaking is not a function of tort, criminal or contract law, it is difficult to classify it, so it is di fficult to state what is proper when examining judicial discretion on the issue. One clear way that the defendant may get the undertaking would be when it is clear that the injunction should never have been granted (Norwest Holst Civil Engineering Ltd. v. Polysius [1987] CA Transcript 644. However, there is a difficulty in ascertaining when an injunction should