Tag Archives: tort

Court Staff, Police Constables, Solicitors & Barristers

Breach Of The Peace

One of the actual parts of the Oath of Office for the British Bobby.

As we are concerned with England and Wales on this site, here is an extract of the Police Constables Oath

England and Wales

Territorial police constables

The 43 territorial police forces in England and Wales are responsible for general policing. Members of the police forces are attested under section 29 of the Police Act 1996.[1] The prescribed form of words is that given by schedule 4 to the Act (inserted by section 83 of the Police Reform Act 2002[2]), as follows:

English

I, … of … do solemnly and sincerely declare and affirm that I will well and truly serve the Queen in the office of constable, with fairness, integrity, diligence and impartiality, upholding fundamental human rights and according equal respect to all people; and that I will, to the best of my power, cause the peace to be kept and preserved and prevent all offences against people and property; and that while I continue to hold the said office I will to the best of my skill and knowledge discharge all the duties thereof faithfully according to law.

Welsh

Rwyf i…o…yn datgan ac yn cadarnhau yn ddifrifol ac yn ddiffuant y byddaf yn gwasanaethu’r Frenhines yn dda ac yn gywir yn fy swydd o heddwas (heddferch), yn deg, yn onest, yn ddiwyd ac yn ddiduedd, gan gynnal hawliau dynol sylfaenol a chan roddi’r un parch i bob person; ac y byddaf i, hyd eithaf fy ngallu, yn achosi i’r heddwch gael ei gadw a’i ddiogelu ac yn atal pob trosedd yn erbyn pobl ac eiddo; a thra byddaf yn parhau i ddal y swydd ddywededig y byddaf i, hyd eithaf fy sgil a’m gwybodaeth, yn cyflawni’r holl ddyletswyddau sy’n gysylltiedig â hi yn ffyddlon yn unol â’r gyfraith.

So what actually is a “Breach of the Peace”?

Its important that we have this issue entirely correct with case law and any other evidence and facts to ensure that the People of this Land have access to the same information as a Police Constable.

Any information that you may have please let us have the links so this info can be placed up here

Definitions

Possession

In law, possession is the control a person intentionally exercises toward a thing. In all cases, to possess something, a person must have an intention to possess it. A person may be in possession of some property (although possession does not always imply ownership). Like ownership, the possession of things is commonly regulated by states under property law.

https://en.wikipedia.org/wiki/Possession_%28law%29

However in English law, specifically the Law of Property Act 1925 it has a statutory meaning.

from http://www.legislation.gov.uk/ukpga/Geo5/15-16/20/section/205 we have the following:

(xix)“Possession” includes receipt of rents and profits or the right to receive the same, if any; and “income” includes rents and profits;

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Definitions

Negligence

Negligence (Lat. negligentia, from neglegere, to neglect, literally “not to pick up something”) is a failure to exercise the care that a reasonably prudent person would exercise in like circumstances.[1] The area of tort law known as negligence involves harm caused by carelessness, not intentional harm.

According to Jay M. Feinman of the Rutgers University School of Law;

The core idea of negligence is that people should exercise reasonable care when they act by taking account of the potential harm that they might foreseeably cause to other people.”[2]

those who go personally or bring property where they know that they or it may come into collision with the persons or property of others have by law a duty cast upon them to use reasonable care and skill to avoid such a collision.”

—Fletcher v Rylands ([1866] LR 1 Ex 265)

Through civil litigation, if an injured person proves that another person acted negligently to cause their injury, they can recover damages to compensate for their harm. Proving a case for negligence can potentially entitle the injured plaintiff to compensation for harm to their body, property, mental well-being, financial status, or intimate relationships. However, because negligence cases are very fact-specific, this general definition does not fully explain the concept of when the law will require one person to compensate another for losses caused by accidental injury. Further, the law of negligence at common law is only one aspect of the law of liability. Although resulting damages must be proven in order to recover compensation in a negligence action, the nature and extent of those damages are not the primary focus of negligence cases.[citation needed]

https://en.wikipedia.org/wiki/Negligence

 

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Definitions

Trespass

Trespass is an area of criminal law or tort law broadly divided into three groups: trespass to the person, trespass to chattels and trespass to land.

Trespass to the person historically involved six separate trespasses: threats, assault, battery, wounding, mayhem, and maiming.[1] Through the evolution of the common law in various jurisdictions, and the codification of common law torts, most jurisdictions now broadly recognize three trespasses to the person: assault, which is “any act of such a nature as to excite an apprehension of battery”;[2] battery, “any intentional and unpermitted contact with the plaintiff’s person or anything attached to it and practically identified with it”;[2] and false imprisonment, the “unlaw[ful] obstruct[ion] or depriv[ation] of freedom from restraint of movement”.[3]

Trespass to chattels, also known as trespass to goods or trespass to personal property, is defined as “an intentional interference with the possession of personal property … proximately caus[ing] injury”.[4] Trespass to chattel does not require a showing of damages. Simply the “intermeddling with or use of … the personal property” of another gives cause of action for trespass.[5][6] Since CompuServe Inc. v. Cyber Promotions,[7] various courts have applied the principles of trespass to chattel to resolve cases involving unsolicited bulk e-mail and unauthorized server usage.[8][9][10][11]

Trespass to land is today the tort most commonly associated with the term trespass; it takes the form of “wrongful interference with one’s possessory rights in [real] property”.[12] Generally, it is not necessary to prove harm to a possessor’s legally protected interest; liability for unintentional trespass varies by jurisdiction. “[A]t common law, every unauthorized entry upon the soil of another was a trespasser”, however, under the tort scheme established by the Restatement of Torts, liability for unintentional intrusions arises only under circumstances evincing negligence or where the intrusion involved a highly dangerous activity.[13]

Trespass has also been treated as a common law offense in some countries.

https://en.wikipedia.org/wiki/Trespass

https://en.wikipedia.org/wiki/Letang_v_Cooper

 

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