Tort Liabilities Case Study Example | Topics and Well Written Essays - 3250 words

Tort Liabilities - Case Study Example Negligence is an example of unintentional torts. Most contemporary tort theory focuses on the legal consequences of accidents, where the relevant forms of liability are negligence and strict liability. (Theories of Tort, 2003). Wikipedia (last modified 2006) defines tort as, "In the common law, a tort is a civil wrong other than a breach of contract, for which the law provides a remedy. The origins of the modern law of torts lie in the old remedies of trespass and trespass on the case. The term itself comes from Law French and means, literally, "a wrong". In the French language, the phrase avoir tort translates to "to be wrong". The equivalent body of law in civil law legal systems is delict. A tort is a breach of a non-contractual duty potentially owed to the entire world, imposed by law. The majority of legal claims are brought in tort." An individual's concern for his/her security of physical (bodily) status, the security of his/her financial assets and resources, tangible property, or reputation is protected by the laws of tort. If one of these interests are compromised or interfered with, compensation must be made. The restoration of the victim, or the individual who has been harmed, to his/her status before the action of the tort is the goal of the law of torts. Wex (2005) states that, "In most countries, torts are typically divided into three broad categories: intentional torts, negligence and nuisance. Additional categories or subcategories are recognized in some countries. Some torts are strict liability torts, in that the plaintiff may recover by showing only that the wrong took place, and that the defendant committed the wrong - there is no need to show the defendant's state of mind or that the defendant breached a duty of due care." The main idea of tort law is not that an individually behaved badly, or wrongfully, but that a wrong was actually committed. Under tort laws, victims can spread some of the costs to others in the form of insurance. Therefore, insurance and tort laws are, in a sense, interrelated. In this day and age, lawsuits and judgements are highly possiblea and most individuals realize that they can find themselves involved in one, whether as a victim or as the accused, or guilty, party. Coleman explains the difference between fault and strict liability in tort law: Just as harm without wrong is no tort, wrongs without harms are typically not torts either. Suppose for a moment that every motorist has a duty to exercise reasonable care in driving his or her car, and that the intended beneficiaries of the duty include all the pedestrians and other drivers who Tort Liabilities 4 might be put at risk by one's failure to drive with adequate care. Now imagine two people who drive recklessly and in so doing breach the duty we suppose they have, but that one motorist causes damage whereas the other escapes injuring anyone. By hypothesis, both have breached a duty to those whose security is put at risk, and in doing so both have committed wrongs. Only one driver harms someone as a result of the wrongs he commits and thus only he subjects himself to tort liability. So torts require both wrong and, in most cases, harm. A notable exception to the harm requirement is the case in which

Why women should not be able to work in Law enforcement Essay

Why women should not be able to work in Law enforcement - Essay Example There are many colleges and universities in united state that are promoting the studies of law enforcement and related diplomas and degrees by indicating it as the best future job in the form of law enforcement and homeland security. As a result of such campaign, many people are attracting toward this profession including women too. The career of women in law enforcement is possible. It is the need of the hour to register more women as the law enforcers. The crime rate of women is rising high every day and drugs related matters have become the sole issue for the women to see the prison. Due to the drug law violation, federal prisons have more than 72% women prisoners and in state prisons, 31% of women are guilty of the crime. I in research of amnesty international USA, they have mentioned those in federal women’s correlation facilities, 70% of guards are male for serving female. All these statistics showed that there is a high need of female candidates in the law enforcement d epartment. Anyone who is interested must have an idea about the background of the law enforcement tasks and must have courage to face the people who don’t consider women as equal fellows. Since ancient times, several cultures and different beliefs have shaped the society and determined the roles and duties of women as different as men. In general way, women are considered as weak gender and therefore, their jobs are only associated with family, children and home. On the contrast, men are considered as strong gender and assigned the powerful positions not just in home but also at the place of work. With time, when women earned the equal rights, several opportunities arrived for women in different sectors of the society. One such example of the women opportunity place is affirmative action. With this, the never ending dispute of male and female position initiated. In this world, every person has its own concept and viewpoint regarding male and female workers. Many people believ e that women are not appropriate for jobs they select to work for. They feel that women are incapable of performing several tasks including the law enforcement jobs. There are few people who are against the women working for the homeland security and they consider home as their place of work. Moreover, there are others who say women and law enforcement are two separate entities. Since 150 years ago, the shifting of women towards the law enforcement took place. From that period, women are not free from the barriers like discrimination in jobs, sexual harassment, inappropriate treatment, low salary and double standards towards them. The job of law enforcement is known to be as the male dominated sector. Therefore, this sector has shown very slow pace in grabbing the women to the posts. The law enforcement task is male dominated due to the reason that this job needs power and strength that makes the women inappropriate for the job because they lack both. Women are known to be as physic ally and mentally incapable to handle the job. The same concept is very much in the today’s world of law enforcement departments and agencies. During the period of 1972, the Supreme Court passed the legislation recognized as Civil Rights Act, Title VII and according to this; all the agencies will be liable for lawsuit in case of any discrimination against the women qualified for the post (Stephens 500). With the help of several lawsuits and court orders regarding the problem, the agencies were forced to hire the women who are qualified for the job. However, there were many agencies of law enforcement that didn’t obey the rules and took all the steps to avoid the qualified women to get the post. The practice of the Supreme Court was halted in 1977. In