Fault Essay The Oxford dictionary states that “fault” can mean an imperfection of character, responsibility, or blame. The legal understanding of fault focuses predominantly on blame, as someone must be held accountable for a loss. The role of fault varies from essential to unimportant across different areas of English law. An example of fault being used in the law is the Mens Rea requirement in s.18 OAPA. This requires specific intention, which shows that the D must have been culpable voluntarily.
The non-fatal offences against the person have been subjected to frequent criticism. Explain and discuss these criticisms and suggest what reforms might be desirable. The Offences against the person Act 1861 covers non-fatal offences. Actual Bodily Harm (ABH) is Section 47 of this Act. The Actus Reus needed is ABH, defined in case law as anything that interferes with the health or comfort of the victim.
Keshia Warnken Case Project Professor Howard Hammer Case Project Part One- Table Part Two Theories Negligence/Hospital Negligence Negligence is a tort. “Tort” means a legal wrong, breach of duty, or negligent or unlawful act or omission proximately causing injury or damage to another (Ind. Ann. Code $ 34-18-2-28).Negligence is defined as a failure to exercise that degree of care that a person of ordinary prudence would exercise under like circumstances; or as conduct that creates an undue risk of harm to others; the negligence theory of liability protects interests related to safety or freedom from physical harm(21 Ind. Law Encyc.
Public safety term is used in many capacities by countries, states, cities, and regions to describe the authority and responsibilities the entity oversees. The public safety issues a city might grapple with include narcotic use, trespassing, burglary, harassment, juvenile delinquency, unauthorized living, noise, littering, inappropriate social behavior, DUIs, and other quality of life issues. The following definition only looks at a higher level of function such as a country task force involves the prevention of and protection from events that could endanger the safety of the general public from significant danger, injury/harm, or damage, such as crimes or disasters natural or man-made. Public Safety refers to the welfare and protection of the general public. It is usually expressed as a governmental responsibility.
Cite illustrative examples of the differences. Fraud is defined as the intentional deception used for personal gain or to hurt another individual or it can be put simply as theft by deception. Under the common law there are four general elements that must be present for a fraud to exist (Wells 2008). The first element is a material false statement. The second is knowledge that the statement provided was completely false.
Most, if not all, acts of crime are categorized as deviant behaviour, for example, murder. Deviance is behaviour which drifts away from society’s established norms and values, but is not necessarily perceived as crime, such as queue jumping (Haralambos and Holborn 2009). The functionalist approach to crime and deviance is one of value consensus. They emphasise social stability and collective public values, a ‘collective conscience’. Functionalist define crime and deviance as functional and necessary to society as a whole, with just the right amount of crime to avoid anomie; normlessness.
Strict liability refers to the imposition liability on the defendant even in the absence of any negligent conduct on their part. It is Liability arising from causing damage to life or property by a hazardous activity or a defective product, without the need to show that the defendant was negligent or directly at fault. It does not, however, arise from every wrong, but from the fact that the activity or product is inherently hazardous or defective. In establishing strict liability, Lord Cranworth in the case of Rylands v Fletcher stated that “If a person brings, or accumulates, on his land anything which, if it should escape, may cause damage to his neighbour, he does so at his peril. If it does escape, and cause damage, he is responsible, however careful he may have been, and whatever precautions he may have taken to prevent the damage” Requirements 1.
(Peter Clarke, 2015) • Contrast liability was forced by Law in order to control the intentional Tort, such as battery cases, Assault, tress pass, conversion and fraud. Those cases are harm/injuries that are causes by a party to another. In Tort Law, those incident make the party who causes injury liable even they didn’t mean
The consensus model defines criminal behavior as acts that conflict with the values and beliefs of society as a whole. The conflict model is the content of criminal law determined by the groups that hold political, economic and social power in a community. Police departments, courts and corrections on a federal, state and local level are all part of the structure of the government. The main responsibility of any police department agency is to enforce laws, provide service to the people and keep order. To protect and serve is their motto.
NATURE OF A TORT The nature of a tort can best be understood by making a distinction between a tort and a crime. The main object of criminal proceedings is punishment, this means that if a person commits a crime they will be punished through imprisonment. Usually a crime is an offence against the general public or the state. Whereas the main object of proceedings in tort is not punishment but compensation to the plaintiff. A tort is committed against an individual or legal entity or company.