Nobody downloaded yet

Is it fair, just and reasonable to allow the police to escape liability from a breach of duty - Dissertation Example

Comments (0) Cite this document
Summary
The study will address the question ‘is it fair, just, and reasonable to allow the police to escape liability from a breach of duty?’ This question is a critical issue that needs to be elucidated as there are divergent views regarding the status of police negligence and police liability…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER91.4% of users find it useful
Is it fair, just and reasonable to allow the police to escape liability from a breach of duty
Read TextPreview

Extract of sample "Is it fair, just and reasonable to allow the police to escape liability from a breach of duty"

Download file to see previous pages This research will begin with the statement that tort is not something new. In fact, the law of tort is a very old legal concept, even older than the notion of crime. In the ancient period, the discourse on law is not on the laws of crime per se; rather it was more on the law of wrongs. By 1300’s, the English common law developed procedural mechanisms that was used to bring an action to court. During this period, writ system was developed and one of the most original writ was the writ of trespass. However, it should be noted that the writ of trespass was not a demand for right but it was a rectification for wrong done. Then, by 1400’s, sense and appeal to justice was integrated in the actions and responses to cases. By late 1700’s concept of negligence was developed and by 1800’s there was a shift from causation to fault for actions on cases. Meanwhile, the search for principles or theories that would explain further the concept of negligence became a primary concern in tort. This brief historical tracing of tort highlights the fact that early in the evolution of tort, the idea of remedies for wrongful acts was already perceived as a powerful tool in keeping public order, security, and peace within the society. However, despite the historical progression of tort and a common belief that tort implies compensation for injuries, there is an observed difficulty in coming up with a universal definition for tort. This is because there are different kinds and structures of torts, with different purposes and aims, variegated interests and different kinds of interferences. 11 Working on the premise that tort covers a wide scope, this research will deal with one of the controversial “legal wrong for which the law provides remedy”,12 - police negligence and liability. The police are significant public group in the society that has been mandated by law to protect and preserve the peace. 13. Police are in a unique position as they fulfil their specific function that is mandated by law, which is to protect and keep the peace not just of one person, but also of the entire society. 14 However, this unique function is not a guarantee that police will never commit a civil wrong. 15 In fact, just like other members of the society, they are also susceptible to negligence as they perform their functions. Cases show that police negligence is a reality, but because of ‘public policy immunity’, they have not been held accountable for their negligence. In other words, they enjoy immunity from their negligence to the extent that police immunity from liability is the general rule. 16 However, Osman v UK17 demands a re-appropriation of police immunity from liability. Current experiences question police immunity and as such, mar the logic of the law itself. Since, its logic is the experience of the law. 18 In this scenario, matter of justice and fairness, in lieu of police immunity is raised.19 Tort and Negligence: The Rise of Tort of Negligence The term tort is derived from the Latin word tortus, which means twisted. In French, it means wrong. 20 Tort, in the English tradition, connotes the idea of a “legal wrong for which the law provides remedy”.21 In this purely technical and legal sense, tort falls under the civil law because “ ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Is it fair, just and reasonable to allow the police to escape Dissertation”, n.d.)
Retrieved from https://studentshare.org/law/1396380-is-it-fair-just-and-reasonable-to-allow-the-police
(Is It Fair, Just and Reasonable to Allow the Police to Escape Dissertation)
https://studentshare.org/law/1396380-is-it-fair-just-and-reasonable-to-allow-the-police.
“Is It Fair, Just and Reasonable to Allow the Police to Escape Dissertation”, n.d. https://studentshare.org/law/1396380-is-it-fair-just-and-reasonable-to-allow-the-police.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Is it fair, just and reasonable to allow the police to escape liability from a breach of duty

The Great Escape

...? Great Escape Introduction The Great Escape is one of the books/ movies that tend to talk about some of the project lessons. Actually, the movie is based on construction as one of its major themes. There are very many projects in the engineering sector and they tend to correlate. Project Phoenix is a SETI project in relation to engineering and is set to research on celestial intelligence of thorough analysis of patterns found in different electrical devices such as radio signals. This project has been in the research field for many years trying to make some improvements pegged on the technological status of the world. This project also gets its boost financially from SETI Institute of Mountain View USA....
15 Pages(3750 words)Assignment

Civil Liability and Private Police Paper

.... They are not given sufficient orientation as to the manner of handling suspected criminals, extracting useful statements, and preserving evidence. Thus, private police are clearly prone to civil and criminal liabilities. Private security systems should undertake reasonable care in the recruitment of their personnel. They should see to it that their security personnel are not just physically capable of guarding their clients’ persons and/or property, but in the same vein, these personnel must be knowledgeable of or capable of understanding the intricacies of security and protection duties. They should understand the purpose of their job, the manner of...
6 Pages(1500 words)Essay

Is fair trade fair

...from the process of production. The classical theory of economics is built under the assumption of the competitive market, in which the amount of labor employed and the amount of wages are determined by the forces of the market. In this context, the disutility of employment may be understood as the reasons that might instigate a feeling of dissatisfaction in a single laborer or a group of laborers to that might make them withhold their labor. They would better not work than put their effort and accept a wage that provides a level of utility below the minimum level. Fair trade and Classical free trade theory: A comparison The classical theory postulates that the utility of a given wage rate equals the...
6 Pages(1500 words)Research Paper

Vicarious Liability for Police Supervisors

...? of the of the of the Vicarious Liability for Police Supervisors Vicarious liability is a legal concept, which makes an individual liable for the negligent actions of another person. Several events can be cited that are examples of this doctrine. For instance, parents may be held liable for the injury caused by one of their children. Similarly, employers can be held vicariously liable for the negligent or harmful acts of their employees (Giles and Phillips 17). The doctrine of vicarious liability is especially significant with regard to police officials. The law has with considerable forethought, extended the scope of this doctrine to encompass the...
12 Pages(3000 words)Research Paper

Data breach

...and they can use it to undermine the activities of the police. This may also pose major problems with regards to enforcement of the law and attempts to combat crime. The lives of the members of the police service are also put at risk since their personal details are made public as a result of this data breach. This also makes them vulnerable to attacks by the members of the public when they carry out their duties. However, the SAPS responded by saying that their site was secure after the reported incidence of this data breach. In a sign of accepting the existence of this breach, SAPS offered a statement stating that it was concerned...
3 Pages(750 words)Essay

Civil Liability and Private Police

...be wanton licensing requirements which facilitate the release of certificates to prospective private security officers without ensuring that they are fully equipped and competent in enforcing the required rules of court on erring civilians. With the evolution of private security in the United States, the impact of their actions on civilians sometimes breaches the legal jurisdictions. It is in this regards that this paper is written to present relevant issues encompassing civil liability and private police and to determine how pressing issues can be addressed and resolved. Civil Liability According to Hill & Hill (2005), civil liability is defined as the...
5 Pages(1250 words)Essay

Civil Liability and Private Police

...prevention is better than cure or punishment. The role and duties of the police forces across the globe are somewhat all the same, however, their authority and power to implement and prevent crimes is variable. For instance some countries like Iceland, New Zealand and Norway do not allow the police sergeants or other personnel to carry fire arms. Policing was essentially a matter administered by the governments or the states, and therefore the police forces were known as public police, because police was paid from the taxes submitted by the taxpayers (Pastor, 2003, pp. 6-7). Policing is...
5 Pages(1250 words)Essay

Critical Issues In Police Civil Liability

...Police Civil Liability Issues in Touch of Evil Movie Police Civil Liability Issues in Touch of Evil Movie Introduction The movie, “Touch of Evil” is an American movie produced in 1958 and directed by Orson Welles. The castings in the movie include Janet Leigh, Akim Tamiroff, Charlton Heston, Marlene Dietrich and Joseph Leign. In the movie police operations and work is seen in different parts. In the movie a car exploded after crossing the Mexico border. The exploration resulted from an implanted bomb. The passengers lost their life and this was a result of police failure to search the car or prevent the perpetrator from planting the bomb....
12 Pages(3000 words)Essay

Police civil liability

...Police civil liability Question One Case Overview In this case the claim involves compensation of the members of public in an accident believed to have been caused due to police misconduct. The incident took place in Rochester NY on August 14, 2007. The case involved an incident of shoplifting in which an intoxicated man known as John Tispy entered a beer shop and attempted to steel. Tipsy escaped the beer shop using a truck. On investigation the police officer viewed the CCTV video and noticed the truck which was used by Tipsy. The officer sow the truck with one passenger but it failed to stop. After the truck failed to stop the officer was forced to...
32 Pages(8000 words)Essay

Escape from Tomorrow

...Escape from Tomorrow of Escape from Tomorrow Escape from Tomorrow is a film shot in black and white to take the audience back to a time in history and set up a theme of the family as an institution. The director Randy Moore explores the family setting in the historical times and places it on a contemporary context. The film’s shooting is in Disney World and has several scenes where Jim as the main character has delusional themes covering Moore’s story. Randy Moore carefully analyzes contexts on how to place well the family theme and delusional problems that face his main character Jim. The author achieves this by setting up the story in Disney World, which forms the major part of the plot...
3 Pages(750 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 Dissertation on topic Is it fair, just and reasonable to allow the police to escape liability from a breach of duty for FREE!

Contact Us