Differentiate between neligence, intentional and constitutional torts Essay

Differentiate between neligence, intentional and constitutional torts. What act(s) can cause a tort liability - Essay Example For example: an employee of the criminal justice department conducted his duties without making sure that others are not harmed by his means of conducting duty, due to this others may have been inflicted with harm or injury, thus the official is held responsible for conducted his duties in a negligent manner. Criminal justice officers experience intentional torts when they indulge knowingly and freely indulge in activities due to which citizens or other individuals of a society may be harmed (Vaughn, 1999). For example: a police officer uses coercive methods to obtain a confession from a suspect, due to his act the suspect gets badly injured, the police official is held responsible for using coercion and the confession obtained from the suspect might not be used as evidence in the court of law. A criminal justice employee may be held responsible in a case of constitutional tort if he fails to conduct his duties in accordance to the constitution of the country (Carlson, 1985, p.342). For example: if a police official makes an arrest and forgets to read the Miranda rights to the suspect, the police official may be held responsible for acting according the constitution and the suspect may be free to leave as his Miranda rights were not read to him (Peak, 2011, p.281). Various activities conducted by the officials of the criminal justice system lead to tort liability, these activities includes: negligent behaviour, wrongful charges for arrest, breach of right of privacy, upholding information and evidence, and coercive interrogation. When an official of the criminal justice system is said to have acted in a negligent manner, he is said to have not exercised his duty of due care (Peak, 2011, p.341). This means that while conducting his duties, an official has not ensured to eradicate practices and procedures that may harm an individual and that are foreseen. Therefore a police official has to exercise his duty of care while conducting his

LAW Essay Example | Topics and Well Written Essays - 3500 words

LAW - Essay Example The element reality of the consent, on the other hand, refers to the requirement that the consent by either or all parties must not have been vitiated by any misrepresentation, fraudulent or otherwise, whilst the capacity to contract is a personal requirement on the part of the parties of the contract that they do not possess any legal disqualifications to enter into it. A disqualification for example is minority. Finally, the legality of the contract refers to the ability of the contract and its terms to hold before the law. Put in other words, the contract must not be legally invalid (Mead, Sagar & Back p 56). The problem at bar, calls for the application of the laws of contract formation particularly on the validity of acceptances and offers. The problem at hand concerns the initial phase of contract-making which is the formation of the contract. The problem here lies in the fact that there was a mix-up of the different elements of the agreement like offer and acceptance and the problem seeks to determine whether there was a valid formation of a contract and with which parties. The problem involves UCL Property Developers, the inviting party, and two companies vying for the building contract: the DC Builders, and; the GB Construction. The order of events is: first, UCL gave out invitations to tender to building contractors for the construction of its administration offices; second, DC Builders and GB Construction were the lowest bidders and pre-qualifiers for  £ 2, 250,000, and  £ 2, 410,000, respectively and each attached its own conditions and terms distinct from UCL’s; third, UCL awarded DC with the contract, in a letter, but for a slightly less amount and in accordance with its own terms; fourth, DC threatened to withdraw its offer if UCL does not amend acceptance within five days; fifth, DC formally