Contact Us
Sign In / Sign Up for FREE
Go to advanced search...

Case of law - Essay Example

Comments (0) Cite this document
In the law suits pertaining to homicide and manslaughter, the task of assigning causation to an accused often turns out to be a tricky and difficult responsibility. One particular case that brought the issue of causation to the forefront of legal debate is R v PAGETT (1983)…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER96% of users find it useful
Case of law
Read TextPreview

Extract of sample "Case of law"

of the of the Concerned 7 January 2008 R v PAGETT (1983) 76 Crim App Rep 279 In the law suits pertaining to homicide and manslaughter, the task of assigning causation to an accused often turns out to be a tricky and difficult responsibility. One particular case that brought the issue of causation to the forefront of legal debate is R v PAGETT (1983). The appellant in the case under consideration was a 31 year old male who used his 16 year old, six months pregnant girlfriend as a human shield in a long stand off with the police that eventually led to the death of that girl by the shots fired by the police in self defence and without specifically aiming at the girl. In 1981, the accused was convicted on eight counts by the Crown Court at Birmingham that included one count of manslaughter. Later on, the accused appealed against the conviction of manslaughter that was dismissed by the court of appeal.
I strongly agree with the court's decision in this case. This agreement is based on a reasonably through understanding of the principles of causation. One basic thing about law is that it is a vibrant and continually evolving institution that is open to relative interpretations. However, it is imperative for this institution to retain a sense of stability amidst this continuity by rejecting to compromise on some fundamental concepts that include the principles of causation. The decision of the court in this case is justified in the sense that it emphatically refused to allow a relative interpretation of the basic and long standing principles of causation and reinforced the need for an adherence to the long cherished fundamentals of causation.
Sine qua non or 'but for' is the fundamental limb of any causation test. This initial step in establishing causation in the given case reveals without doubt that the death of the girl would have never occurred 'but for' the situation unleashed by the appellant. Infact her death was the culmination of a long chain of events initiated and perpetuated by the appellant. Had he not created such a grave law and order situation, one utterly fails to locate any other reason that would have caused her death. The degree of remoteness between the conduct of the appellant on that fateful night and the death of the girl is infinitesimally small and negligible. Undeniably there exists a very strong connection between the death of the victim and the conduct of the appellant on that night.
The application of the second basic limb of causation test applied in the given case i.e. Legal or Proximate Cause is in no way obliterated by the principle of novus actus interveniens extended by the appellant in his defence. A study of the circumstances that night reveals that the policemen dealing with the situation were professionally trained in the handling of hostage situations and the shots fired by them were not in the pursuance of some independent course of action, but the direct and foreseeable outcome of the appellant's conduct and were perfectly in agreement with the recognized fundamental principles of self defence and law enforcement (Colvin, 2009).
The act of causation certainly has a quantitative aspect and a logical enquiry into it enforces the count of manslaughter on the appellant. Hence the decision of the court is apt and valid.

Colvin, Eric 2009, Causation in Criminal Law, viewed 7 January 2008, Read More
Cite this document
  • APA
  • MLA
(“Case of law Essay Example | Topics and Well Written Essays - 500 words”, n.d.)
Case of law Essay Example | Topics and Well Written Essays - 500 words. Retrieved from
(Case of Law Essay Example | Topics and Well Written Essays - 500 Words)
Case of Law Essay Example | Topics and Well Written Essays - 500 Words.
“Case of Law Essay Example | Topics and Well Written Essays - 500 Words”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document


Law Case

...A-R Order # 263753 This is a fascinating case which raises many issues. This type of situation is does occur on occasion in e matters, soclarifying and resolving those issues is important. There have obviously been breaches of trust and responsibility which I will first address, and then I will use that analysis as the basis for my advice to Ron, at his fiancee's request. The first issue is the mishandling of the 'Fido Trust' by solicitor John as well as by Sue, both of whom were trustees under Mike's validly-executed Will. John and Sue had the responsibility for handling the Fido Trust for the express purpose of providing care for Mike's dog and cat. Instead, they immediately took the dog and cat to the local...
5 Pages(1250 words)Case Study

Law of Contract, Case Law

...Law of Contract Case Law Introduction A contract consists in an actionable promise and promises. Every such promise involves two parties, a promiser and promise and an expression of a common intention and of expectations as to the act or forbearance promised (1).But question is, if there is a promise made by one party to do something, parallel to the main contract, to other party, then what will be the consequence of performance of that pre existing duty and how does the law consider the same. Before proceeding to discuss all these, first we shall look into the other aspects of contract. Generally there are two essential requirements to form a contract; they are mutual assent...
8 Pages(2000 words)Essay

Land Law Case Study

... cannot succeed as in the case where "one person dies then the survivor becomes the owner of the whole property. This happens automatically without any further formality" (Joint Ownership - the methods). Also, let this be clear that Jennifer's case, at her death, in application for the sale of property cannot succeed as the law entails the person left the absolute ownership of the property. "If there is only one joint tenant left, he or she becomes outright owner of the property. Because no joint owner has a defined share, their interest in the property does not become part of their estate when they die, but simply disappears" (Joint Ownership of Property. 2008). However, we need to consider whether the particular case of Jennifer would...
6 Pages(1500 words)Case Study

Contract Law Case Study

...Contract Law Section A Question a) This issue where Igor advertised to sell his favourite guitar concerns the rules of offer and acceptance. An offerand acceptance is one of the essential elements of a valid contract. On the other hand, a contract may be defined as an agreement between two or more persons which is intended to create legally binding obligation. For this case, there was a contract that was made between Igor and Jonquil since there was an offer that was made through advertisement by Igor that was accepted by Jonquil through the post. 1 An offer may be made to a specific person or to any member of a group of Persons or to the world at large, but it cannot form the basis of a contract until it has been accepted by ascertained...
4 Pages(1000 words)Case Study

Law case

Beth's profits fell alarmingly.
Beth advised Morris that financially she could no longer continue with the agreement and would have to close the business. Further, she accused Morris of knowing that the competitor was about to open up and therefore she was commencing legal action to rescind the contract based on fraudulent misrepresentation.
Morris contacted Beth and made the following comments: "I absolutely deny your accusation. By my reckoning you still owe me $55,000. However, if you continue with the agreement I'll reduce that amount to $35,000." Beth accepted the deal.
Six (6) months later Beth landed a huge contract laminating all the posters for a chain of tourist attractions along the north coast of New South...
6 Pages(1500 words)Essay

Case Law

...INCONSISTENT SUPREME COURT CASE LAW IN CRIMINAL CASES OF SODOMY Inconsistencies In Supreme Court case law in two cases involving criminal prosecution for consensual sodomy Introduction: In 1986, the Supreme Court of the United States issued a judgment in the case of Bowers v. Hardwick supporting a Georgia statute that criminalized consensual sodomy.1 The issue at stake was whether or not the statute was constitutional in so far as it infringed upon a person’s sexual privacy. However, in a recent decision in the case of Lawrence v Texas2, the Supreme Court was presented with the same issue – the criminality of consensual sodomy - but in this case, it reversed its decision and deemed it unconstitutional to deem consensual sodomy...
6 Pages(1500 words)Essay

Law case

Freddy Five is a disc Jockey. He agreed to work last Wednesday night at the Red Lion Club. The Club agreed to provide Freddy with all the necessary equipment for his show including a selection of 50 records. The Club also agreed to pay Freddy £60-00 for his performance on Wednesday and to pay Bill, Freddy’s mate, £20 for Bills work in setting up the equipment before Freddy went on stage and taking it down afterwards. Bill was not a party to the contract between the Club and Freddy.
On Wednesday Bill arrived at the Red Lion early and set up the equipment for Freddy. However, when Freddy arrived he found that there was only a selection of 35 records available. He there upon informed Richard, the manager of the Red Lion, that he...
2 Pages(500 words)Essay

Case Law

... [Manager] Employment Law September CASE LAW As a matter of right, Miss Clark can file a complaint against her employer before the federal courts, based on the ground of violations under American Disability Act (ADA), The Employee Retirement Income Security Act of 1974 (ERISA), Age Discrimination in Employment Act 1967 (ADEA), later replaced by Older Worker Benefits Package Act (OWPBA) and the Civil Rights Act of 1991, for the grave and intentional acts tainted with evident bad faith committed by her employer against her person. The foregoing violations shall be discussed individually. First, the American Disability Act (ADA) “applies to disabilities that affect a major life activity, and those areas of coverage are vision, mental...
6 Pages(1500 words)Case Study

Contract Law and Case Law

...Contract Law and Case Law Contract Law and Case Law The Effect of Williams V Roffey Bros & Nicholls (Contractors) Ltd [1989] EWCA Civ 5 on the English Contract law approach to Consideration Over the course of legal history, a large number of common law doctrines have been created to aid in the determination of whether a given contract is legally enforceable or if it was concluded in what can be perceived to be a valid manner. One of these doctrines is the requirement that contracts need to be supported by consideration. In contract law, a consideration is described as somethingof considerable value that has been given by the parties involved in a contract to aid in motivating them to agree to enter into the intended agreement...
8 Pages(2000 words)Coursework

Law of Contract: Case Law

The contract consists of an actionable promise and promises. Every such promise involves two parties, a promiser and promise and an expression of a common intention and of expectations as to the act or forbearance promised 

It is what a party objectively demonstrates, not what a party may subjectively be thinking. Mutual assent is manifested in an offer, acceptance, and consideration. An offer is an indication by one party, offeror of a willingness to enter into a contract with another party, offered on some specific terms. A valid offer creates a power exclusively in the hands of the offeree such that all that is needed to form a contract is accepted. If one or more of the terms are missing from the offer, a court...
11 Pages(2750 words)Case Study

Organization and Functions of Federal Law Enforcement Agencies

Threats may either appear in the form of terrorism or from other intelligence groups or from the espionage. It may arise within the country, against the existing government or social systems. Though most of the federal law enforcement groups are investigative groups, they are not only focused on investigations but stand for the people. One can see that the importance of the federal agencies is growing day by day because the threats from militants and others have considerably increased. Such kinds of federal law enforcement agencies include Federal Air Marshalls, Secret Service, FBI, Untouchables, C.I.A and Federal Corrections etc. The organization and functions of these agencies vary in different fields and can be cited in the fol...
7 Pages(1750 words)Case Study

Contract Law

This expression of willingness can assume several forms, such as a facsimile, letter, electronic mail or a telephonic message. The intention is an objective consideration and in the case of Smith v, Hughes 4 relevant consideration was deemed to be the manner in which a reasonable person would view intention. Furthermore, the law distinguishes between an offer and an invitation to treat. The latter is not an offer but merely an indication of willingness to negotiate a contract.

An instance of this is provided by the case of Gibson v Manchester City Council5. In this case, the phrase may be prepared to sell was held to constitute an invitation to treat and not an offer. Indeed, the Gibson decision challenged the tradition...
6 Pages(1500 words)Case Study

Constitutional and Administrative Law

When examining the decision of previous court comments that are made obiter dicta will not be part of the precedent since often obiter dicta comments are speculative remarks on how the judge might have acted if the facts had been different.

Binding precedents come from earlier case law and, as suggested in the wording, must be followed even if the judge in the present case does not agree with the legal reasoning of the judge in the earlier case. In order for a precedent to be binding the facts of the present case to have to be sufficiently similar to the earlier case. Decisions given in a lower court to the one in which the present case is being heard will not be binding. For a decision to set a precedent it must have b...
8 Pages(2000 words)Assignment

The Idea of Liberty in Sam Slime Case

... Sam Slime This could certainly be the case of the rich get richer and the poor go to jail, especially in a country that is trying to serve many masters. The government of the United States is certainly a political and governmental entity, but at it heart it has almost always been a voice of corporate business and expansion of wealth for the few. It operates seemingly under the principle guise of what is good for business is good for the people. One could say that the state of the economy today is the fallout of this mindset. In the “Sam Slime” case study we see the idea of liberty as applied by several masters. The first, when Sam Slime mugs you outright is a matter for governmental law and order. Cleary there is a criminal (Sam...
8 Pages(2000 words)Coursework

Analysis of OReilly v Mackman Case

Judicial review is a concept which is constitutionally undecided as it on one side, it shores up the rule of law, democracy, and pre-eminence of parliament by facilitating the courts to check the boundaries of government authority and on another side, the courts are open to the decision on the plants based on the fact of separation of authorities that are intimating with the verdicts of democratically elected institutions. Judicial review is not apprehended with the virtues of government assessment but deals with whether the deciding authority has remained within the legal boundaries and whether broad principles of rationality and fairness adhere. The constitutional basis of judicial review is debated as one view holds that it is...
8 Pages(2000 words)Case Study

The Law on Physical Punishment of Children Fails to give Sufficient Respect to Childrens Rights

Under the English criminal law, several past and current legislations were made in order to protect the children from corporal punishment or becoming a victim of physical abuse. Despite our effort to prevent parents from using physical force in disciplining their children, the British Government remains unconvinced that the law which protects the children from physical punishment is sufficient (Keating, 2008). Physical punishment such as ‘smacking’, ‘slapping’, ‘kicking’, or ‘spanking’ is referring to the act of causing a degree of pain or discomfort to the child. (Niland, 2009, p. 6) With regard to the legal issues behind child protection against physical abuse, this study aims to d...
6 Pages(1500 words)Coursework

Analysis of Tourism and Hospitality Law Case

 The main issue that needs to be tackled first is whether there is a valid contract between Richard Brat, carrying on trade as Brighton Greens, (buyer) and Molly and Kelly trading in First Grade Granny Smith apples as Holy Farm.

Apparently, there was, when considering their verbal and written mail sent by Richard to Holy Farm on August 1 reading as follows –“Please deliver 20 boxes –Granny Smith ‘Brighton Greens’. Cheque mailed.“

It may be seen that the mail order does not specify the category or grade of apples to be supplied, but one of the implied conditions of sale could be that the goods ordered need to correspond with the goods inspected and tested.

In th...
8 Pages(2000 words)Case Study

International Law: Child Soldiers

Using children to fight wars is not only morally abhorrent but very bad very the physical and mental health of the children in question. That is in part why a series of international laws and treaties have come into effect to try to deal with this scourge. But the issue is more complicated than that. While child soldiers are victims of war crimes, they too can also perpetrate serious breaches of the law of armed conflict. Under normal circumstances, individuals who commit such acts, be they combatants or not,2 would be vulnerable to prosecution. However, because children in such situations are victims as well as perpetrators and because of the special protections afforded to children under international law, many have questioned w...
8 Pages(2000 words)Case Study

The Law and the Media

New and complex issues have arisen which demanded fresh understanding and handling of cases involved them. This has resulted in the enhanced development of specialized laws e.g. cyber laws and interpretation of those laws. The same is true with Media Laws. Media has developed much in the last half-century. As it evolved as a profession and more people started to join it, there arose the levels of money involved in it. With this grew the contractual obligations on the parts of parties and concerned laws e.g. patent laws, privacy laws, and copyrights laws, etc. also started to play their parts. With these issues, the role of law in the media industry also reached a new height.
Mathew Fisher, the appellant, joined a band with Mr...
6 Pages(1500 words)Assignment

Law of Contract

For instance, in Partridge v Crittenden, it was held that an advertisement is tantamount to an invitation to treat (Partridge v Crittenden, 1968). However, there are exceptions, where an advertisement is considered to be an offer. An example is provided by the Carbolic Smoke Ball case. In this case, the defendant’s contention that its newspaper advertisement was not an offer was rejected by the court; as the plaintiff had complied with the terms of the offer (Carlill v Carbolic Smoke Ball Co, 1892).

Thus, the advertisement placed by Adams in the local newspaper is an invitation to treat and not an offer, as per the case law discussed above. It is to be determined, whether Adam had formed legally binding contracts...
6 Pages(1500 words)Case Study
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 Case of law for FREE!

Contact Us