Sex offender

In several states, there is an ongoing debate about notifying schools, parents, and students whenever a juvenile sex offender enrolls in a public school. While some argue that failure to notify the school community ignores the fact that the school environment could pose a threat to students’ safety, others argue that notification does not significantly decrease the number of attacks against students. Currently 32 states require juvenile sex offenders to register their personal information, including their current address. Experts say … Continued

Reactions To Violence Against Women Acts

Violence Against Women Act (VAWA) of ! 994 was originality designed to protect women. But the later versions of VAWA ( 2000 AND 2005) included violence against children and men. It was found out in several studies that men are sometimes also victims of domestic violence. Inspite of critisism against VAWA, it is found out that this law has produced results benificial to welfare of women, and also of children and men. This law made everybody aware of their duties … Continued

The law enforcement officers

The involvement of law enforcement officers in domestic violence has made them loss their respect in the eyes of the public. The law enforcement officers are meant to protect lives and properties, but those among them who engage in domestic violence and battering are destroying the lives they ought to protect. Therefore the public is loosing faith in the agencies of government. According to Davis (2005), Law enforcement batterers must be removed as swiftly and justly as possible, and where … Continued

Law enforcement officers

The research design for this study would be based on survey design and observational study. Here, both questionnaires and interview would be utilized in the gathering of data for the research. The questionnaires would be administered to teachers of the selected children. The interview would be conducted to selected respondents within a locality. This will comprise of law enforcement officers of different cadres, people with personal experience as witness to domestic violence, victims with direct experience (relations to law enforcement … Continued

Crime and violence

There are diverse factors that are postulated for why human commit violence and crime. Classicalists view on criminology see human being as a rational being , who has a free will to choose how to act; this is, to do the right or wrong thing. “Classicism presented a model of rationality, which has a limited liberal state imposing fair and just punishment that must result if social harm and domestic harm has been perpetuated” (Polity. co. uk, 2006). The argument … Continued

Law Enforcement Employees And Their Involvement With Domestic Violence

To ensure that a serene and peaceful coexistence is present in families’ setup, the law enforcement agencies are empowered by law to check against issues of domestic violence. A law enforcement officer or employee who engages in domestic violence in his or her family is most likely to perform poorly in his official responsibility. Furthermore, the public tend to lose its confidence and trust in law enforcement agencies as the incidence of battering and domestic violence keeps on increasing among … Continued

Law Enforcement Employees

The task associated with the curtailing of domestic violence in families is posing a huge problem that needs the law enforcement agencies to tackle effectively. The situation when the law enforcement agencies are cut in the act in which they are legally empowered to fight, this tend pose a greater nut to crack. The level of domestic violence is ever on the increase in contemporary times. During the last two decades, the problem of domestic violence in families has become … Continued

Tort law – Negligence

Amber Valley Primary School was closed 6 months ago by Amber Borough Council (ABC), the local education authority, which owns all the land and buildings. The school has been standing empty while ABC attempts to find a buyer for the site. Although ABC placed fencing around the site, local residents reported that youths had broken into the site on a number of occasions. Last week a group of youths from a nearby young offenders institution, operated by Chigley Services Ltd … Continued

Tort law – Negligence

All topics covered on the Tort module are potential examination topics. This revision guide covers only those potential examination topics deemed core areas of knowledge in tort law. All students, whether studying toward the LLB or LLM, must have full command of these core topics for any assessment in tort law. Unless these notes expressly state otherwise, students can expect core examination topics to appear in either essay or problem form. Students can also expect essay and problem questions on … Continued

Skiing – Tort

In the case of Peterson v. Donahue, Neal Peterson sued David Donahue for negligence after a ski collision that occurred while both parties were on the ski slopes. Eleven year old Peterson was coming down the slopes very fast when he collided with forty three year old, advanced skier, Donahue who was skating across the slope toward the parking lot. Donahue saw Peterson seconds before the impact which knocked him out of his skis ten to twelve feet down the … Continued

Duty of care

“Tort”norman-french language –means mischief and wrong Comes from latin- tortus – means crooked, wrung and twisted. Sir John Salmon – Tort: a civil wrong for which the remedy is a common law action for unliqudated damages, and which is not exclusively the breach of contract or trust or other equitable obligation Sir Percy henry Winfield- tort – the breach of duty affixed by the law, where the duty is one towards the person generally and its breach is redressible by … Continued

Tort – Law

Introduction There are many situations or acts that are not directly marked as crimes and not arise out of contracts or statutes. Those acts are considered as civil wrongs and cause damages and injuries to individuals or businesses. These damages, injuries or wrongful acts are called tort. Tort is the area of law where in response to a private or civil wrong or injury the courts provide the remedy of allowing a lawsuit for those wrongs, injuries or damages. Thus, … Continued

Duty of care

Introduction This assignment will establish the elements needed for a person to be held liable in Tortious Law. Once the elements have been established they shall then be used to determine if the individuals in each scenario would be held liable. Tort Law Tort Law in layman’s terms is a civil wrong. It does not necessarily need to be an illegal action but an action that has consequently caused harm or suffering to another. The main outcome for a person … Continued

Donoghue v Stevenson

It should be seen that the courts do not always mark out the bounds of duty to limit the responsibility of the defendant, they sometimes do it to protect the interests of someone who has suffered a loss. However it is important for the courts to limit the responsibility of the defendant due to the ‘floodgates problem’. What is more, the courts sometimes treat certain groups of defendants leniently by limiting their liability in some cases. On one hand, the … Continued

Duty of care

Negligence is the omission to do something which a reasonable person guided upon those considerations which ordinarily regulate the conduct of human affairs would do or doing something which a prudent & reasonable person would not do. While a loss from an accident usually lies where it falls a defendant cannot plead accident if, treated as a man of ordinary intelligence & foresight he ought to have foreseen the danger which caused injury to the Pl. 1. Knowledge – Expected … Continued

Negligence and the Law of Torts

A tort is basically a civil wrong. A civil wrong is an act, intentional or otherwise, the consequences of which include, but are not limited to damage to life or property, injury to a person, emotional or mental trauma, loss in reputation, etc. The injured party is entitled to get compensation from the party that was responsible for causing the injury. The objective of the law of torts is to help the injured party receive compensation and legal remedy in … Continued

What is Tort Law

Harry, aged 10, is a pupil at St Botolph’s. One day last year he fell over when running to school and gashed his leg very badly. He managed to hobble into the school to seek help. The school nurse was unwell that day, but Mrs Tourniquet, the biology teacher who has been employed by the school for 2 years, attended to him. Mrs Tourniquet had as a young woman qualified as a nurse, but was not employed in that capacity … Continued

Case Study of Tort Law

There are three differences between liability and contractual liability: A. The difference of base. Contractual liability means that due to the breach of duty, contractual collateral obligation of contract or violates the “contract law” provisions of the obligations. Finding out a contractual liability has to be in terms of contract. However, there are no needs for liability, which point liability are monetary damages that are sought from the offending party. They are intended to compensation the injured party for the … Continued

Tort Law: a Cap on Damages

The tort system was created to summarize compensation methods and amounts for wrongs and harms committed by one party to another. Tort law, in essence, aims to offer the damaged party a chance to restore their state back to its point of origin; in other words, the point of tort law is to place a financial obligation on an individual who causes harm to another party. The decision to put a cap on damages is not just harmful, but also … Continued

Tort Law of Negligence

Torts of negligence are breaches of duty that results to injury to another person to whom the duty breached is owed. Like all other torts, the requirements for this are duty, breach of duty by the defendant, causation and injury(Stuhmcke and Corporation. E 2001). However, this form of tort differs from intentional tort as regards the manner the duty is breached. In torts of negligence, duties are breached by negligence and not by intent. Negligence is conduct that falls below … Continued

Case Review Law of Tort

FACTS The plaintiff purchased a land from Oakfield Enterprises Sdn Bhd through a sale and purchase agreement dated 15 May 1996. The plaintiff was aware at that time of the presence of squatters on the land. Following the said purchase, the plaintiff commenced eviction proceedings against the squatters and succeeded in obtaining judgment where the court ordered that the squatters surrender vacant possession of the subject land to plaintiff. The plaintiff’s solicitors demanded that second defendant cease supply of electricity … Continued

Law of Tort Case Study

The law of contract: a contract is a legally binding agreement, its a promise between two or more to parties with certain things,each party must fulfill there promises if one of them don’t fulfill there promise then the contract is breached (VOID). The law of tort: A tort is a civil wrong in the sens that is committed against an individual, tort is compensated by a sum of money called “DAMAGES”. Contract laws and tort laws share many similarities. At … Continued

Basic Law (Tort)

Latin / voluntary assumption of risk. A defence in tort that means where a person engages in an event accepting and aware of the risks inherent in that event, then they can not later complain of, or seek compensation for an injury suffered during the event. This is used most often to defend against tort actions as a result of a sports injury Smith v Charles baker & son 1891 Dulieu v White and son 1901 Herd v Weardale Steel … Continued

Business Law Tort and Contract

Tort: A civil wrong not arising from a breach of contract; a breach of a legal duty that proximately causes harm or injury to another. Q2: What are the four elements of negligence? They are Duty, Breach, Injury, and Causation. Q3: Is Shannon liable for the tort of negligence? Yes, she is. First of all, she has been told by her physician that not to drive after taking the medication. Thus she has the duty not to drive in order … Continued

Tort Law : Causation

The rules of causation state that the claimant has to prove that the defendants breach of duty was the factual cause of material damage, when considering the facts of Barnett v Chelsea & Kensington Hospital Management Committee (CKHMC) where the claimants husband became ill after drinking tea which had arsenic, when taken to hospital, the doctor in the casualty department did not examine him and admit him. Instead, he asked the claimant’s husband to see his own GP, a few … Continued

Negligence and Tort Law

In general terms, negligence is “the failure to use ordinary care” through either an act or omission. That is, negligence occurs when: somebody does not exercise the amount of care that a reasonably careful person would use under the circumstances; or somebody does something that a reasonably careful person would not do under the circumstances. Negligence is often claimed in personal injury lawsuits. For example, a personal injury lawsuit arising out of an automobile accident case or premises liability action … Continued

Law: Tort and Personal Property

Tort law is a very broad area of law; the legal term is used to describe activities that either intentionally or unintentionally cause injury to others or their properties, where the person causing the injury has no legal right to cause the injury. Thus being said there are many facts to look at in the case of farmer Brown vs. Chauncey and Gardiner Transport Ltd. In this case the actions of Chauncey preformed were not intentional. Chauncey did not know … Continued

The rules governing this agreement are the contract law

1. The rules governing this agreement are the contract law. In this case there is an agreement between the two parties to carry out some contractual obligations. The law of contract recognizes both verbal and non verbal contract. In this case it is a verbal contract where there is offer and acceptance.  A contract is an agreement between two persons which is intended to create a legally binding obligation. A contract must have offer and acceptance there should be an … Continued

The Role of Judges in Israel

Introduction             The Book of Judges covers a period in Israel probably around 1050 BC and is widely believed along the scholarly of theological circles to have been written by Samuel. Functionally, the characters and office of the judges stand as transitional, between the departure of Moses the lawgiver and the monarchical system which would later take over in Israel. Similarly, the period in which the judges remain operational stand between the point in which the Israelites cross the Jordan … Continued

The Juvenile Court Hearings

Delinquency and Waiver Petitions The two petitions received from the prosecutors by the juvenile court include: 1. The Delinquency Petitions and 2. The Waiver Petitions. In case of delinquency petition, the petitioner asks a judge to legally declare a youth or a juvenile offender as a delinquent in the technical and legal context. While in case of a waiver petition, the petitioner asks the juvenile court whether to surrender its authority over a case that might, owing to a previous … Continued