Nobody downloaded yet

Civil and Criminal law aspects - Essay Example

Comments (0) Cite this document
Case analysis Introduction Chloe’s case is a very unfortunate one and she and her parents have well grounded right to action against the parties involved. In this paper, the author will analyze the existence of breaches in each party’s behaviour, the type of breach, the rules that should be applied and the arguments that may be used by the plaintiffs in proving their case…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER91.3% of users find it useful
Civil and Criminal law aspects
Read TextPreview

Extract of sample "Civil and Criminal law aspects"

Download file to see previous pages Taylor. The accident happened under her supervision and this raises serious issues. The duty of care arises from the teacher-pupil relationship. Being a teacher, Mrs. Taylor had to comply with the School Teachers’ Pay and Condition Document. This Act, among other matters, charges teachers with a duty of care versus pupils, which extends to “maintaining good order and discipline and safeguarding their pupils’ health and safety, both when they are on school premises and engaged in authorized school activities elsewhere.”1 This means that when at school or in any other place engaged in a school activity, the teachers owe a duty of care to their pupils, just as Mrs. Taylor owed Chloe a duty of care. However, whether Mrs. Chloe, as an individual teacher, may be found guilty of negligence depends on whether Chloe’s accident may have been reasonably foreseen. Although the concept of medical malpractice has been widely used over the past years, the English Courts prefer to apply it mostly to cases involving children with certain disabilities. That is why the concept of negligence is more appropriate in this case. Steele J. (2007, p.110) states that “In order to succeed in a claim in negligence, the claimant must show that the following criteria are met: 1. The defendant owes the claimant a duty of care”2 The existence of a duty of care owed by Mrs. Taylor to Chloe has already been justified above. Moreover, according to Kelly, E.B. (1998, page 32), “School teachers and administrators have a duty to provide a safe environment and to protect students from unreasonable risk of harm.”3 Although a teacher’s duty of care is not directly stipulated by law, its existence has been upheld in the English courts as a duty which derives from common use laws and case law. 2. “The duty has been breached”4 Mrs. Taylor breached her duty of care by allowing Chloe, a very young 10-year-old girl to try to perform the difficult exercise. Moreover, in spite of her allowing it, she did not supervise Chloe attentively enough to prevent her from injuring herself, although Mrs. Taylor was standing close to her. 3. “The defendant’s breach of duty has caused the claimant to suffer loss or damage of a relevant sort”5 If Mrs. Chloe had acted with proper care , Chloe would not have been injured as a result of the unfortunate accident, because it would have not happened at all. 4. “That damage is caused in law by the defendant’s negligence/is not too remote/is within the scope of his duty.”6 Taking care of the pupils under her supervision is one of the most important duties of a teacher, including Mrs. Taylor. We should also draw attention to the neighbour principal, stated by Lord Atkin in Donoghue v Stevenson (1932): “The rule that you are to love your neighbour becomes in law, you must not injure your neighbour; and the lawyer’s question ‘Who is my neighbour?’ receives a restricted reply. You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. Who, then, in law is my neighbour? The answer seems to be – persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called in question.”7 I would also apply the statement made by Lord Rodger in the case of Home ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“Civil and Criminal law aspects Essay Example | Topics and Well Written Essays - 2250 words”, n.d.)
Retrieved from
(Civil and Criminal Law Aspects Essay Example | Topics and Well Written Essays - 2250 Words)
“Civil and Criminal Law Aspects Essay Example | Topics and Well Written Essays - 2250 Words”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Civil and Criminal law aspects

Criminal/civil law chance except intentional adulteration. Robert Courtney was arrested in August 2001. He accepted dilution of drugs from 1990, later estimated by 98,000 prescriptions from 4200 patients. Just before his arrestment he has assets worth of $18.7 million. He was sentenced for 30 years federal prison. Legal aspects In this case the crime was the dilution of the cancer drugs Taxol and Gemzar to make high profits. In the law it was a crime related to false and fraud. He has willingly deceived his clients by giving diluted cancer drugs. As cancer treatments are critical to save the life of cancer patients and any delay in effective treatment may cause death, the act of the defendant involved with the death....
2 Pages(500 words)Essay

Criminal Law / Civil Law

...? Criminal Law: USA v. Dr. Robert W. Stokes Criminal Law: USA v. Dr. Robert W. Stokes The case against Dr. Robert stokes According to Cornell University Law School, “Criminal law involves prosecution by the government of a person for an act that has been classified as a crime” (Cornell University Law School, 2010, Para 1). In a criminal case, the government, through a prosecutor, files the case and if individuals subject to the criminal case are found guilty, they are liable for incarceration, fine payment, or both. However, in civil cases, guilty parties...
3 Pages(750 words)Essay

Criminal Law / Civil Law

...? Criminal Law Civil Law Detailed account of the key facts surrounding the case Robert Ray Courtney, a former pharmacist, who owned and operated the Research Medical Tower Pharmacy in Kansas City, Missouri Robert Ray Courtney was born in Kansas in the year 1952 and was educated at Wichita High School. After high School he was admitted at Missouri-Kansas city high school where he studies pharmacy. After his education he established a pharmacy in Kansas City at Research Medical Towers. In addition Courtney was reported to be an active member of his Assembly of God church in the Kansas City where he used to fellowship as contribute substantial amount of money to support...
3 Pages(750 words)Essay

Civil and criminal law

...Civil and Criminal Law Contents of the Report Introduction Civil and Criminal Law: A comparison Civil Liability for Criminal Acts The essentials of Criminal Liability Corporate Criminal Liability Introduction Law is one of the most complicated subjects with a massive literature behind it. There are several nuances with respect to Law which makes it difficult at times to understand certain differences between various nuances. For example, understanding the differences between civil law and...
2 Pages(500 words)Essay

The Main Aspects of Criminal Law

..."Criminal Law" The fact based issues require an in depth assessment of matters related to criminal law. The main aspects of criminal law, i.e actus reus, mens rea, along with defenses need to be considered upon. The main ingredients of an offence require a prohibited act or state (for example injuring someone) brought about with a prohibited state of mind ( i.e purely accidental conduct will not suffice) and there are no valid defences present. The prohibited act is known as the actus reus while the mens rea and defences are included in prohibited state of mind (Fletcher, 2000). The mens rea which will suffice is the...
6 Pages(1500 words)Case Study

Criminal and civil law

...Running head: COMPARISON BETWEEN CRIMINAL AND CIVIL LAW Comparison between Criminal and Civil Law in Ontario Number Name and Number Name of Professor Date of Submission Number of Words: 1,523 Introduction In general, criminal law includes major criminal offenses such as murder, stealing, assault and rape cases whereas civil law includes activities related to the process of lending and borrowing money, entering into contracts, disputes with neighbors, and marriages (Merryman & Pérez-Perdomo, 2007, p. 6; Wood, 2002, p. 255). Although both...
6 Pages(1500 words)Research Paper

Civil and Criminal law in the UK

...and institutions towards each other (Maxwell et al 2005). However, some aspects of civil law are applied in criminal law, for example, although murder is committed to a specific person, it is treated as a criminal law because it runs against the interest of the public (Sanders 2010). On the other hand, the aim of criminal prosecution is to punish the criminal with imprisonment or financial penalties while civil the aim of civil prosecution aims at putting right the wrong committed that is, compensation by the defendant for damages incurred. One of the...
6 Pages(1500 words)Essay

Criminal and civil litigation; Mental Health Law

...Criminal and Civil Litigation; Mental Health Law PART A: CRIMINAL LITIGATION ment of Facts This research paper explores the concept of Mens Rea in criminal law, as well as, what it represents in reality especially in respect to what it reflects in a Defendant’s culpability. The legal personalities explain Mens Rea as the mental state of a defendant. As such, it explores the mental capacity and state of the defendant in the moments or periods before the occurrence of the crime. The mental state of a defendant helps establish whether the crime was an intentional one or occurred out of accident. This considers what attorneys search for in...
20 Pages(5000 words)Coursework

Module 1: Criminal Law/Civil Law (SLP)

...Module Criminal Law/Civil Law (SLP) Affiliation: What was he accused of doing? Robert Ray Courtney was accused of diluting several cancer treatment drugs prior to supplying them for administration to a couple of cancer patients. Among the drugs that Courtney had diluted included Taxol and Gezmar which where all administered to more than 6 patients who suffered from several bodily injury. Besides the sale of the diluted drugs, Courtney is accused of misrepresenting data on the diluted drugs as undiluted, tempering with products, and misbranding products. According to the facts of the case, Courtney diluted fifty doses of Gezmar that were administered to eight of his...
2 Pages(500 words)Essay

Compare between criminal law and civil law

...Introduction Crime has existed ever since human beings began living in groups. Research from the past indicate that certain activities like, homicide, robbery, and burglary were characterized as criminal by civilizations that existed before scriptural times. The bible relates stories of criminal acts, for example, Cain slaughtering Abel, and the story of the Good Samaritan, who arrived to offer some timely help a man who had been robbed, badly injured, and left to die. Criminal laws manage human conduct and provide guidelines to individuals on what they must do under certain conditions (White and Edward 15). All through history, all social orders have...
8 Pages(2000 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Civil and Criminal law aspects for FREE!

Contact Us