Obligations Learning Portfolio - Coursework Example

Prologue Obligation learning portfolio is significant as it helps studying law in realizing the need of satisfying the desires of their prospectors. Nevertheless, the use of obligation can fail if the prospectors view bribe to abide by the actions of the other party, Mortensen, K. (2006).This paper endeavors to explore tort of trespass, remedies of trespass and false imprisonment. Ingredients of Tort of trespass Tort of trespass instigated from England ion early 13th century. Trespass is a deliberate tort and can be castigated as crime. Originally trespass was any wrong deed that resulted in the harm or loss but currently trespass is viewed as an unauthorized entry in someone property. Therefore it gives the distressed party the obligation of pressing civil law suits for any damage caused, Schoenberg, T. (2003). Tort law is an organ of law that deals with prevention of remedies or civil crimes. Anyone injured by the legal regulations may seek tort law to receive compensation. In general tort law entails the legal damages and circumstances under which the accused is held responsible for actions. Tort of law relies on the standards of care; that is differentiating whether the action is harmful or tortuous or not as in whether the plaintiff suffers severe injury by himself or being conveyed to someone else. In addition tort law enables the plaintiff to get protection such get compensated in the cause of car crash or impede any interference. Elements of tort of trespass include: Nuisance Nuisance is used to depict a legal responsibility that results from the combination of two parties. This law was created to take care of the interference of both private and public property. Nuisance law allows the plaintiff to press charges against a person interfering with use and enjoyment of their property. For instance, a landlord messing up the property of his tenants can be sued for such obstruction. Statutory torts This type of tort is created by the legislature to execute responsibilities on both private and public properties. In countries that use common law statutory torts are not common. For example consumer protection in terms of quality of the products or services in the EU such that the products with diverse effects on the consumers’ manufacturers have to pay for the resultant damages. In addition a shop owner in UK inviting others on the same property has the responsibility of ensuring their safety. Defamation This is the act of ruining the character of someone; defamation can be slander which is verbal or libel that is written and transmitted over the media. Defamations involves realistic allegation for which proof is not available but also entails freedom of speech in the constitution of US but this is assault of private privacy. Intentional torts These are deliberate actions that are likely to result into harm. Intentional torts include physical attack, battery, false imprisonment and fraud. Property torts entail any deliberate obstruction with property rights of the plaintiff, and alteration, Deakin, J. and Markesinis (2008) Remedies for trespass In the modern society trespass is regarded as a deliberate and unauthorized assault of another person’s property. An act of trespass can be sustained by property owner or anyone who has the legal obligations like the tenants over the property in question. The action can be pressed against anyone who impedes with the right of tenure or ownership, be it by invasion or an object set in motion. For example, a fisherman fishing in a forbidden area is trespassing, hunter hunting in a restricted area is also a trespasser, landlord who forcefully enters or evicts tenants from a dwelling unit, a fence or a building infringing on a neighboring property, tree falling a cross the periphery line among others, Deakin, J. and Markesinis (2008). Trespass can either be criminal or civil because property owners can use various traps and even firing bullets to discourage trespassing. But use of guns is forbidden in many countries. For instance, in Texas procedures are in place to ensure all are safeguarded such not everyone entering restricted or prohibited property is a trespasser like electricity or water meter readers, surveyors studying boundaries, missionaries (Jehovah witness).But the Jehovah witness missionary did not get permission from the authority in Ohio, the case was heart in the US supreme court and the ruling was made in favor of Jehovah witness, Watchtower Bible and Tract Society, (2002). Under certain circumstances trespassing can be allowed for example incase of emergency such as car accident one can run into the nearest building to ask for help if passengers are injured or in case of fire one can forcefully enter the building to salvage those ensnared inside and those around can make efforts to notify the property owner so that the situation is not regarded as trespass. Trespass entails various forms of torts committed to property either personal or public. It is considered a criminal offence for instance, in England till 1694. Trespassing is not only about human beings but also animals. For example the owner of cattle is obligatory if these animals trespass to another area which is not his. Some of the measure put in place to control trespass included; Common law Trespass being one of the forms of ancient forms of punishment common law was used to prevent trespassing on private of public property. For instance, in England it was regarded as a violation against the king’s peace and the guilty party had to be beckon before the law to answer to the injuries caused.Primarly the courts considered compensating the plaintiff for the harm caused and those who were not to pay were imprisoned. Later on trespass on the case action were developed to protect the plaintiff legal constitutional rights and not deliberate trespass on their properties. However it is important to note that common law was not effective in the essence that plaintiffs with inadequate information could not herald to the courts. Criminal law These laws were instituted to come up with policies and regulations to help the plaintiff come up with concrete evidence in the cause of harm to a person or the property. Although many people considered trespass to be a criminal case only if the defendant had unlawful aim such as theft, cause disruption or arson on the plaintiff’s property. However, an offence is considered a criminal case if it involves a breach or harm to the person or property; penalties may be high for the severe and malicious actions. Generally, in many countries all trespass offences are considered criminal in spite of the intention of the defendant, they should bear the charges whereas in other countries, trespass is not viewed as a criminal case until some repeats a felony. In short, trespass is a criminal case and hence the defendant should pay for penalties or imprisonment, Schoenberg, T. (2003). Marking can also be used to discourage trespassing. The common ones are “no trespassing or personal property”. For instance in Canada residents use red paints on milestones such as trees to mark frontiers of personal property. Other remedies for trespassing depend on the terrain of the land, significant of the property (cultural or economic importance) and, threats trespassers are likely to cause for example, fishing in prohibited water bodies results in the pollution of water and depletion of other species in that water body. The basic and common methods applied in such instances are warning signs, and fencing. Harassment or negligence breach of contract or false imprisonment Imprisonment is regarded false when the subjected person is deprived his or her basic human rights for any given time frame. False imprisonment entails assault, harassment, disruption of privacy, battery among others. In the law of tort false imprisonment is also considered trespassing against a person’s right. For instance, the essence of confining a ten year old child in a hotel and not being allowed to go his house due to fail to pay for the services at the hotel. According to the constitutional rights with reference to India, there exists a high degree of personal liberty. The constitution also applauds importance of the entire judicial system to individual freedom especially the right to life and personal liberty. As a result of this realm, the facet of false imprisonment can be felt. In fact, no one can be imprisoned by authority unless legal procedures are adhered to with the intention to ensuring liberty to all citizens. For any arrest to take place the defendant should be notified on the grounds he or she is being arrested, communicate to their lawyer within 24 hours after the arrest, Constitutional law of India (1993). Persons with permanent residence in India who are falsely imprisoned have to be compensated. For example, someone was illegal imprisoned for 14 years, the accused pressed charges before the Supreme Court, which found the case void and later ordered the reimbursement of the harm inflicted to the accused amount totaling to 30,000 Indian rupees. In a nutshell, the laid down legislations by India’s Supreme Court is stern when it comes to the protection of citizens against false imprisonment. Furthermore, false imprisonment is one of the serious forms of human rights breach. Imprisoning anyone without liability necessitates for the defendant and justice system to search for ways of undoing the harm caused, Mortensen, K. (2006). References Constitutional law of India (1993) a critical commentary, Vol-ii (H.M. Seervai, Delhi, Universal Law Publishing Co. Mortensen, K. (2006). Applying the Law of Obligation. Retrieved M 21, 2009, from http://ezinearticles.com/?Applying-the-Law-of-Obligation&id=297240 Schoenberg, T. (2003). "Supreme Court Examines Trespassing Policy." Legal Times Watchtower Bible and Tract Society, (2002).Village of Stratton – 536 U.S. Deakin, J. and Markesinis (2008). Tort Law. Oxford: Oxford University Press. Read More