Posts Tagged law of tort
Distinguish Between Law of Tort, Criminal Law and Contract Act
1. INTRODUCTION:
Tort is breach of some civil duty independent of contract for which compensation may be recoverable. If there is an injury for which no compensation is recoverable is not tort. The law of tort is based on common law. It is still growing. It is not the part of statue law.
2. MEANING:
Tags: codification, contract act, contract damages, latin word, law of contract, law of tort, oxford dictionary, philip james, tortum, vicarious liabilityRelated posts
Criminal Law – Actions Against the Police
The Police are regulated by a legislation and can be prosecuted for misconduct and negligence. Under section 88 of the Police Act 1996, the chief office of police in that area will be liable for any wrongful acts commited by the police officers that are under his/her command. In the case where the victim has been unlawfully arrested, the chief officer of police will need to prove if the arrest was a lawful act or not. The main type of actions against police are; assault, false imprisonment, malicious prosecution, misfeasance in public office, trespass, trespass to goods or conversion, racial discrimination, negligence, and breaching the Human Rights Act.
There are limitation issues which involve in claiming against actions made by the police. Any action which is found under the law of tort cannot be brought into question after 6 years of the date on which the event occurred. The time limit for a civil claim of assault and wrongful arrest is also 6 years that accrues from the date of arrest. False imprisonment starts from the date of the alleged arrest continuing to the date of release from police custody. A case for malicious prosecution will start from the date that the proceedings.
Tags: actions against the police, false imprisonment, law actions, law of tort, malicious prosecution, misfeasance in public office, police act 1996, police the police, wrongful acts, wrongful arrestRelated posts