Tort law undergraduate Essay Example | Topics and Well Written Essays - 1250 words

Tort law undergraduate - Essay ExampleOne should be conscious(predicate) that this is another province in which the relationship among Human Rights Act and the commonality law principles will mother to be worked out over periods of time. Further, the introduction of HR Act has not resulted in any major(ip) changes in the courts outlook to the public officials obligation at common law. (Lunney & Oliphant 2008 530).In Van Colle case, the plaintiffs son, who was likely to be a witness, in an ensuing wrong trial process, was under constant intimidation and threat which the police force were aware as he had punctually intimated to police about this, and the plaintiffs son was murdered before the commencement of trial itself. under Article 2 of the HRA, a claim was brought under the HRA for the infringement of the duties. (Lunney & Oliphant 2008148). Thus , an action was initiated against the police for prize compensation under the HRA 1998 , basing on a failure by the police as th ey failed to save the animation of a citizen under polices positive obligation under art .2 of ECHR and got a aureate verdict at first instance. The police appealed to the Court of Appeal, and it was unsuccessful and then made an appeal to habitation of Lords where the Lords gave the verdict in favour of police.In Hill v Chief Constable of West Yorkshire, (Harpwood 106), the decision of Houses of Lords was footed on public policy, which functioned as a watertight guard in civil claims for the police which resulted in a disproportionate bar on the privileges of individuals. (Harpwood 106). House of Lords was of the opinion that there was no primaeval for inflicting duties on the police as it would interrupt with the freedom of action which police is required when dealing with a grave crime(Harpwood 106). However, in Hill case, Lord Keith was of the view that police may be tortuously trustworthy to an