The Human Rights Act 1998 And Tort Law - 1940 Words

The Human Rights Act 1998 and Tort Law are seen to be together in â€Å"overlapping ways † as Franà §ois du Bois explains. In this essay we will begin by looking at the introduction of the Human Rights Act, and the claims in negligence against public authorities. Then we will look at the different views as to the remedies, whether Tort law and the Human Rights Act, should be used together and developed together, or should be used separately in a claim in negligence against a public authority. The introduction of the Human Rights Act 1998, as Oliphant and Lunney describes it â€Å"creates a new statutory remedy against public authorities for violating of the specified Convention rights† . Section 7 of the act requires that any individual that brings a claim against public authorities must be a victim. A victim under the Human Rights Act â€Å"refers to the person who could bring a case under the ECHR. Victims must be directly affected or be at risk of being directly affected by the act in questions. Victims can include†¦relatives of the victim where a complaint is made about death.† . An example of this would be the case of Rabone v Pennine Care NHS Foundation Trust in which Melanie had in the past attempted to commit suicide on several occasions. After the most recent attempt she was admitted to the hospital where they observed and tested her. Two days after, she was released for two days home visit despite her tests indicating her being at high risk of attempting suicide again, which isShow MoreRelatedTrespass1218 Words   |  5 PagesOVERVIEW OF THE TORTS COVERING TRESPASS TO THE PERSON * DEFENCES TO TRESPASS TO THE PERSON * ALTHOUGH NOT A PART OF TRESPASS TO THE PERSON WE WILL ALSO ASSESS THE RULE IN WILKINSON V DOWNTON 1. OVERVIEW The aim/s of these torts: Protection from personal interference / protects your bodily integrity and your liberty. The trespass torts are actionable per se (there is no need to prove damage). A trespass to the person may well also be a CRIME and criminal law cases can be helpfulRead MoreEmployment Law Case Presentation and Analysis Essay861 Words   |  4 Pagesdoctrine of Title VII of the Civil Rights Act of 1964 (Title VII of the Civil Rights Act of 1964, 1964, Section 2000e-2, para. A, cited in Colorado State University-Global Campus, 2014b, p. 5), and invasion of privacy or intrusion (defined as â€Å"[i]ntrusion is an invasion by the defendant of plaintiff’s seclusion in a manner objectionable to the average person† (Colorado State University-Global Campus, 2014a, p. 2)) or a violation of the Electronic Communications Privacy Act of 1996 (ECPA) (Colorado StateRead MoreImpact Of The Human Rights Act 1998 On Clinical1924 Words   |  8 PagesImpact of the Human Rights Act 1998 on clinical (medical) negligence Tort law is a considerably old branch of English law, covering a wide range of areas within such as defamation, nuisance, trespass and, most importantly, negligence. The latter set out the modern concept of negligence by means of Donoghue v Stevenson [1932] AC 562. Furthermore, in twentieth century a number of fundamental elements were established in negligence, elevating its significance above all other areas of tort law. Most problematicRead MoreThe Duty Of Care On Public Bodies1196 Words   |  5 PagesAn explanation will be made on how the current law addresses the imposition of a duty of care on public bodies. An evaluation will then be made to determine whether the duty of care the police owe to protect individuals from a known threat should be legally recognised. The common law duty of care was established in Donoghue v Stevenson [1932] AC 562 (HL) and refined in Caparo Industries plc v Dickman [1990] 2 AC 605 (HL). Any party including public authorities may owe a duty of care to another ifRead MoreThe English Common Law System1663 Words   |  7 PagesThe English common law system is obliged to comply with the rights and obligations under the Human Rights Act Convention. Even though they are not bound by it has been advised by the House of Lords to harmonise or comply with the Conventions, on a equivalent basis which is â€Å"no more, but certainly no less†. The Convention does not guarantee damages for violations that have occurred between private parties, it only protects them against the public authorities, thus only binding states. Generally theRead MorePublic Bodies And The Law Of Negligence1656 Words   |  7 Pagesâ€Å"treated differently† from individuals in law in relation to the question of liability for negligent acts . This essay shall discuss the reasoning underlying the general principle suggesting that public bodies should not be held liable when exercising their statutory functions under the law of negligence for material loss. The essay shall first consider the law applicable to ‘Public Bodies and the Law of Negligence’. This section shall examine the law of negligence and discuss some of the salientRead MoreHow Laws Are Made and Classified805 Words   |  4 PagesThis assignment will demonstrate how laws are made and the number of ways in which laws are classified. Goodey et al. (2008 p.6) states that ‘law can be defined as a set of rules created by the state which forms a framework to ensure a peaceful society. If the rules are broken they can be enforced by mechanisms created by the state and sanctions imposed.’ Law is made through constitutions that give people rights but also imposes responsibilities. An example of this is the legal case of MillerRead MoreThe Development of the General Concept of the Duty of Care Essay1729 Words   |  7 PagesThe Development of the General Concept of the Duty of Care It has been said many times that the [duty of care in the] law of negligence develops incrementally so that the fact that there is no reported case succeeding against the police similar to the present one is not necessarily a sufficient reason for striking out. Lord Slynn of Hadley, Waters v Commissioner of Police [2000] 1 WLR 1607 atRead MoreLegal systems: Duty of Care and Negligence1175 Words   |  5 Pagesthe concept of duty of care and its connection to negligence serve a key role in the society. Tort law provides for legal processes following acts of negligence that exhibit duty of care. The underlying liability in negligence, however, is limited because duty of care must be justified before the courts. Acts of negligence could result in many different forms of harm or injury. Under the common law, acts of negligence could result in physical injury, psychological harm or economic loss. These outcomesRead MoreProfessional Engineering And The Laws1040 Words   |  5 PagesProfessional Engineering and the Laws The role of the professional Engineer entails a legal aspect that he or she is compelled to comply with in the execution of their responsibilities. The relevant statutes and regulations were adequately addressed in the case of â€Å"The Walkerton Inquiry†. These statutes and regulations include standard design approaches, management of water resources, construction of infrastructure and operation for the provision of quality and safe drinking water. The responsibility