Implementation of the Human Rights Act 1998 Has Impacted Upon Many Areas of Tort Law. Choose One of These Areas and Assess the Act’s Impact. 

In: Other Topics

Submitted By abbey1995
Words 2467
Pages 10
Implementation of the Human Rights Act 1998 has impacted upon many areas of tort law. Choose one of these areas and assess the Act’s impact.

Traditionally, up to the Human Rights Act 1998 (HRA) for the Convention and the all the individuals living in the United Kingdom had no domestic law.This resulted them to go to the European Court of Human Rights in Strasbourg in order for them to correct the breach of their Convention rights. Thus the domestic law needs to respect the settlement that has been made by the European Court. Surprisingly, the relationship between the Human Right issues and within Tort Liabilities, there is no exact proof that the domestic court has carried out these issues. In the case Reynolds v Times Newspaper Ltd [1999], the plaintiff, a well known public figure in Ireland, began for deformation against the Defendant. This was surrounded with the issue regarding an article being published by the Sunday Times. The article was based on Mr Reynolds that he had hidden important information about his colleague, Mr Whelenhan’s in order for him to become president of the High Court. The main issue that needs to be considered in this case, is whether the courts should identify if it is countable of holding the announcement by a newspaper of political matters. The House of Lords identified that the media’s announcement can be safe by these situation, providing a test of public right. This considers the freedom of expression under the Article 10. In 2002, the Human Rights Act came into action which helped developed the Convention rights into to the domestic law. There purposes is to combine human rights into the important works within the United Kingdom such as the judiciary, local governments and the parliament and any other public bodies. This brought great relief to all individuals as they would be treated fairly when making claims in courts.…...

Similar Documents

Torts Law Exam Notes

...NEGIGENCE In the 1928 edition of Bevan on Negligence stated that negligence is “it has to deal……with duties as they appear when the normal standard of performance is not attained…considering defaults in conduct, and only in the second place with the adequate discharge of obligations”. 1. DUTY OF CARE Gleeson CJ and Gummow J, the approach to determine a duty of care is to identify the “salient features” that combine to constitute a sufficiently close relationship to give rise to a duty of care. Reasonably foreseeable: - It is reasonably foreseeable that any carelessness on the part of the defendant could harm the plaintiff. Did the defendant’s act impart harm “that you could reasonably foresee would be likely to injure your neighbour”? (Donoghue v Stevenson). Incremental Approach: 1. type of relationship between the parties; a) the vulnerability of the plantiff, b) degree of control of defendant, c) special knowledge of the defendant of the plaintiff’s situation. 2. the type of loss or injury (physical, psychiatric, economic) 3. policy and; 4. physical, casual and circumstantial proximity may still be used (Kirby, Modbury triangle shopping centre pty ltd v Anzil) “proximity is the best notion yet devised by the law to delineate the relationship of negibour” Proximity test involves a notion of nearness in the relationship between the parties. as a principle stated in Rylands v Flectcher, “identifying the categories of case…rather than a test for determining...

Words: 11108 - Pages: 45

Environment a Human Right

...Environmental Protection - Recognizing the human right Pursuit to save the environmental life. Rashmi Shukla (Author) and Titiksha Shrivastava (Co-Author) 09/25/2012 Rashmi Shukla1 Titiksha Shrivastava2 Environmental Protection: Recognizing the Human Right Human rights, these are the basic fundamental rights guaranteed to every human under the Universal Declaration of Human Rights and rights guaranteed to every citizen of India under the constitution of India. Article 21 of the India constitution has often been referred to as the spirit of Indian constitution, the article states that “Nobody shall be deprived of his Right to life and personal liberty except by the procedure established by law”. Prima facie the Article seems to be very concise but through various precedents and judicial dictions the Indian judiciary has recognized various facets pertaining to the article. The article briefly explains the duty of State to provide safe and healthy environment to its citizens as the part of Directive Principle of State Policy provided under Article 36-51 of the Indian Constitution. This paper seeks to marginalize the relation between human rights and Environmental protection by seeking the relation between environment and its effect on human life. The paper also adjudicates......

Words: 4944 - Pages: 20

Tort Law

...bring successful negligence claims in such situations? The tort of negligence is defined as the breach of a legal duty to take care resulting in damage to claimant which was not desired by the defendant. According to Blyth v Birmingham Waterworks Co it is the “omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do”. But the point is that the Law of negligence has no statutory basis. It has developed through a huge number of cases. This means that whenever considering a duty of care exists in any given situation the courts have flexibility to take public policy consideration into account and steer the evolution of the tort of negligence accordingly. This flexibility has also allowed to protect certain classes of defendant from liability in negligence. The traditional approach adopted by the courts has been to refuse an action against the police either on policy grounds or because there is no proximity between the injured person and the police agent. Since the implementation of the Human Right Act 1998 it is possible to bring a direct action under the legislation against the police if they are in breach of one of the relevant article. For instance an action under article 2 (right to life) might be brought by the estate or dependants of a person who has died as a result of the alleged breach. Today, immunity is......

Words: 1591 - Pages: 7

Critically Explain and Discuss the Meaning of International Labour Law and Explore Through a Rights-Based Approach the Extent of Individual Rights Employment Law Legislation in Caricom States.

...Essay Topic: Critically explain and discuss the meaning of international labour law and explore through a rights-based approach the extent of individual rights employment law legislation in CARICOM states. 1|P ag e What is labour law? Before understanding international labour law one must first understand what is labour Law. Simply put by Eaton (2005: p. 109) Labour Law is that part of law that deals with individuals and legal persons in their capacity as employees and employers, i.e. concerned with work and the relationship arising from it.” Clive Pegus on the other hand described it as consisting of “principles, rules and norms that regulate employment relations”, which is “primarily concerned with the rights of workers, trade union and employers, standards applicable to employment relations and the regulation of industrial relations and the labour market”. He also cited Deakin and Morris who argue that “a broader perspective would see labour law as the normative framework for the existence and operation of all the institutions of the labour market: the business enterprise, trade unions, employers’ associations and, in its capacity as regulator and as employer, the state. The starting point for analysis is the existence of the employment relationship as a distinct economic and legal category.” Using Deakin and Morris’s definition, Dunlop’s Systems Theory comes alive as labour law can be seen as the “rules” that govern behaviour (normative framework) within the......

Words: 5707 - Pages: 23

Identify One Area of Nursing Research That Has Improved Patient Outcomes. State the Study and Its Impact on Patient Care.

...care professionals providing care to patients in diverse health-care settings. The incidence of pressure ulcers/sores is reported to be 2.5 million patients each year causing cost burden of 9.1 to 11.6 billion dollars each year in the United States (AHRQ, 2011). One of the foundation study conducted to address this challenge was by Dr. Nancy Bergstrom in collaboration with Dr. Barbara Braden to develop and test the effectiveness of use of Braden Scale for assessing risk of pressure sores. In their study, the tool was tested in a multisite clinical trial involving hospitals, Veterans Administration (VA) medical centers and skilled nursing facilities. The study concluded Braden Scale as an effective tool in determining risk of pressure sores in patients (NNIR, n.d). This research has served as a milestone in identifying and preventing pressure sores in high risk patient population. The Braden Scale is among the most widely used tools used for predicting the risk of development of pressure sores. It assesses patient risk in six areas i.e. sensory perception, skin moisture, activity, mobility, nutrition and friction/ shear. The Braden Scale gives an item score in each subgroup ranging from one (highly impaired) to three/four (no impairment).Summing score of each subgroup yields a total overall risk for pressure ulcers ranging from 6-23 (Stotts, & Gunningberg, 2007). The lower the score on the scale the higher is the risk of developing pressure sores....

Words: 395 - Pages: 2

Human Resource Managment

...Development Working with and Leading People Managing Business Activities to Achieve Results Managing Communications, Knowledge and Information Marketing Intelligence Advertising and Promotion in Business Marketing Planning Sales Planning and Operations Human Resource Management Managing Human Resources Human Resources Development 1 7 13 19 25 29 33 39 43 47 51 55 59 65 69 73 77 83 89 95 101 107 113 Unit 24: Unit 25: Unit 26: Unit 27: Unit 28: Unit 29: Unit 30: Unit 31: Unit 32: Unit 33: Unit 34: Unit 35: Unit 36: Unit 37: Unit 38: Unit 39: Unit 40: Unit 41: Unit 42: Unit 43: Unit 44: Unit 45: Unit 46: Unit 47: Unit 48: Unit 49: Employee Relations English Legal System Business Law Further Aspects of Contract and Tort European Law The Internet and E-Business Internet Marketing E-Business Operations Quality Management in Business Small Business Enterprise Operations Management in Business European Business Employment Law Company Law Business Events Management Financial Investment Opportunites Business Work Experience Contemporary Issues in Marketing Management Project Management for Business Administrative Services Business Psychology Business Ethics Corporate Environmental and Social Management Employability Skills Project Design Implementation and Evaluation Work-based Experience 117 121 125 131 135 139 145 151 157 163 169 173 177 181 185 191 195 199 205 211 217 221 225 231 237 241 UNIT 1: BUSINESS ENVIRONMENT Unit 1: Unit code: QCF level: Credit......

Words: 55219 - Pages: 221

The Approach of the Law Lords to Statutory Interpretation Has Been Radically Changed by the Human Rights Act. Judges Now See Themselves as Legislating Human Rights Through Their Interpretation of Acts of Parliament.

...University of London Common Law Reasoning and Institutions Essay Title: ‘The approach of the Law Lords to statutory interpretation has been radically changed by the Human Rights Act. Judges now see themselves as legislating human rights through their interpretation of Acts of Parliament.’ Student Number: 111244061 Candidate Number: 56307 In the English legal system, Statutory interpretation is seen as the way by which judges give meaning to the statutes by the parliament. Even though Judges have a wider choice of options in interpreting statues, the situation is now different after UK’s membership of the European Union (EU) through the European Communities Act (ECA) 1972 and after the incorporation of the European Convention on Human Rights (ECHR) by the Human Rights Act (HRA) 1998. Judges are now bound to interpret the statues in such a way that is compatible with the provisions of EU law according to Sec 2(4) of ECA 1972 and also should give effect to the spirit of the conventions as required in Sec 3 of HRA 1998. Convention jurisprudence now has an significant and straight role to play in statutory interpretation due to section 3 of HRA 1998. The Convention confers a huge number of fundamental rights, including the right to life, the right to liberty and security, and so on. The United Kingdom became a participant to the Convention many years ago but Parliament did not cope with domestic law until 1998, when the Human Rights Act was passed. So the......

Words: 2185 - Pages: 9

Impact of Nigeria's Bilateral Investment Agreements in Oil and Gas on the Right to Health and the Right to a Healthy Environment: a Case Study of the Niger Delta”

...Impact of Nigeria's Bilateral Investment Agreements in Oil and Gas on the Right to Health and the Right to a Healthy Environment: A Case Study of the Niger Delta” Full Name of Student (Your student registration number) A XXXXXXXXXXX DISSERTATION SUBMITTED IN PARTIAL FULFILMENT FOR THE REQUIREMENT OF DEGREE OF XXXXXXXXX XXXXXXXXXXXXXXXXXXXXXXXXXXXXX UNIVERITY Declaration I hereby declare that research thesis is my original work and has never been used presented for any degree or diploma in any university or institution. Where material is obtained from published or unpublished works, this has been fully acknowledged by citation in the main text and inclusion in the list of references. Table of Contents Declaration 2 Table of Contents 3 CHAPTER ONE: INTRODUCTION 11 1.1 Background of the study 11 1.2 Statement of the Problem 27 1.2 Research Aims 29 1.3 Research Objectives 30 1.4 Research Questions 31 1.5 Justification of the Research 32 1.6 Research Methodology 42 1.6.2 Research design 45 1.6.2 Target population 45 1.6.3 Sampling 46 1.6.4 Data collection 46 1.6.5 Data presentation 46 1.7 Definition of terms 46 1.8.2 Environment 47 1.8.3 The right to health and the right to a healthy......

Words: 88297 - Pages: 354

Functional Area Plan: Human Resources

...Functional Area Plan: Human Resources Member of Rollerball Coffee Equipment Part 1: Human Resources Manager Composition Mr. Nathan’s company has changed over the years, but the human resource department has failed to change. In order to move the company further along, the department must adjust to the current business and legal climates. The department must be aware of potential legal claims that can be brought on by employees, as well as consumers, by being aware of all the current employment laws. The department must also stay focused on the hiring, benefits, training, and performance of the company. The department must find quality, qualified employees, determine pay rates, develop ways to improve job skills, and monitor performance. This is all necessary for the business to remain competitive with other like businesses. The department will also be the first to interview potential candidates and often, the last to meet with employees who leave the company (Heathfield, Susan, n.d.). The mission of the Human Resources Functional Area includes providing effective policies, procedures, and guidelines within the organization. “The human resource function serves to make sure that the company mission, vision, values or guiding principles the company metrics, and the factors that keep the company toward success are optimized” (Heathfield, Susan, n.d.). The members of the HR department are responsible for adding value to the organization. They must also......

Words: 1440 - Pages: 6

Legal Areas of Canadian Law

...Assignment One: * Provide a brief summary of the four Legal Areas of Canadian Law which affect recruitment & selection. * Identify the protected groups with regards to discrimination. * ------------------------------------------------- Provide at least one example of acceptable discrimination. ------------------------------------------------- During the recruiting and selection process, it’s important to be aware of certain legal issues in order to avoid risk. It is the responsibility of the human resource manager to make sure that all the policies and rules take legal aspects into account. The legal aspects of human resource management play a significant role in strategic planning and decision making. There are 4 major types of legislation that affects employment practices recruitment and selection: * Constitutional Law (Nationwide) * Human Rights Legislation (in ON, there are Ontario human rights commission) * Employment Equity * Labour Laws (including unions as an extension) 1) Constitutional Law (Nationwide): Constitutional Law is the supreme law of Canada. It consists of series of acts and orders passed in 1867 by the British and Canadian Parliaments. It has precedence impact on employment practices and all other legal means. The Canadian Charter of Rights and Freedom was passed in 1982. It is the part of the Constitution of Canada; because of this, the Charter is a very powerful document. However in a practical......

Words: 1325 - Pages: 6

“a Satisfactory Justification for Strict Liability in Tort Law Has Yet to Be Found.”

...“A satisfactory justification for strict liability in tort law has yet to be found.” It is generally recognised that being responsible at law or in ordinary life are very different concepts: one is based on blame while the other focuses on fault. This imbalance is embedded in the tension between the two bases of liability recognised in the law of torts. On the one hand, as stressed in Hoffman v Jones, ‘the most equitable result that can ever be reached by a court is the equation of liability with fault’. Courts have energetically defended the view that fault is crucial in establishing responsibility. On the other hand, the same jurisdictions have operated a shift since Rylands v Fletcher from this doctrinal claim to adopt a strict liability standard in particular circumstances. Despite its appearance in statutes, many claim that a satisfactory justification for strict liability in tort law has yet to be found. This essay will nevertheless argue that this stand is unsupported and untrue: it is nonsensical to call for one unique explanation for this area of the law. The law on strict liability responds to a social demand which should not be reduced to one ‘metatheory’. The first two parts of this essay will be dedicated to the analysis the ‘social and economic benefits’ of strict liability mentioned in Chavez v Southern Pacific Transportation Co. We shall then argue that these justifications are best understood when interrelated with a broader moral justification. I]......

Words: 3156 - Pages: 13

Company Law

...Unit 19: Marketing Planning 89 Unit 20: Sales Planning and Operations 95 Unit 21: Human Resource Management 101 Unit 22: Managing Human Resources 107 Unit 23: Human Resources Development 113 Unit 24: Employee Relations 117 Unit 25: English Legal System 121 Unit 26: Business Law 125 Unit 27: Further Aspects of Contract and Tort 131 Unit 28: European Law 135 Unit 29: The Internet and E-Business 139 Unit 30: Internet Marketing 145 Unit 31: E-Business Operations 151 Unit 32: Quality Management in Business 157 Unit 33: Small Business Enterprise 163 Unit 34: Operations Management in Business 169 Unit 35: European Business 173 Unit 36: Employment Law 177 Unit 37: Company Law 181 Unit 38: Business Events Management 185 Unit 39: Financial Investment Opportunites 191 Unit 40: Business Work Experience 195 Unit 41: Contemporary Issues in Marketing Management 199 Unit 42: Project Management for Business 205 Unit 43: Administrative Services 211 Unit 44: Business Psychology 217 Unit 45: Business Ethics 221 Unit 46: Corporate Environmental and Social Management 225 Unit 47: Employability Skills 231 Unit 48: Project Design Implementation and Evaluation 237 Unit 49: Work-based Experience 241 UNIT 1: BUSINESS......

Words: 55219 - Pages: 221

Human Rights Law

...HUMAN RIGHTS LAW IMPACT OF GLOBALISATION ON HUMAN RIGHTS TABLE OF CONTENTS Contents INTRODUCTION ..................................................................................................................... 3 RESEARCH METHODOLOGY............................................................................................... 5 CHAPTER 1 GLOBALISATION ............................................................................................. 7 CHAPTER 2 INTERNATIONAL HUMAN RIGHTS LAW ................................................. 10 CHAPTER 3 IMPACT OF GLOBALISATION ON HUMAN RIGHTS............................... 13 Economic Rights .................................................................................................................. 13 Political Rights ..................................................................................................................... 17 CONCLUSION ........................................................................................................................ 21 BIBLIOGRAPHY .................................................................................................................... 23 Articles ................................................................................................................................. 23 Books .................................................................................................................................... 24 Miscellaneous ..........

Words: 6598 - Pages: 27

Has the Time Come to Scrap the Human Rights Act?

...Has the time come to scrap the Human Rights Act? The Human Rights Act is a UK law passed by the Labour government in 1998. It means that you can defend your rights in the UK courts and that public organisations, including the Government, the police and local councils, must treat everyone equally, with fairness, dignity and respect. It incorporates the European Convention on Human Rights (ECHR) into British law and was set up so matters could be dealt with in British courts and people did not have the expense, and lengthy wait, of taking the case to the European Court of Human Rights in Strasbourg. The Conservative party believe that a British Bill of Rights is a much better alternative to the HRA whereas the Liberals truly believe that instead of scrapping it, it should be enhanced and strengthened. Although there are many benefits of having a HRA, the flaws outweigh the argument to keep it and should therefore be scrapped. One argument for the abolition of the HRA is that it makes it difficult to fight terrorism and maintain Law and Order. It is hard to do so as terrorist suspects are protected by one main aspect of the HRA, if there is the possibility of them being tortured when returned to their home country the ECHR can block their deportation. For example, in January 2012, Home Secretary Theresa May wished to have Abu Qatada (Osama bin Laden’s right hand man) deported back to Jordan in order to face a trial. However, the ECHR blocked the deportation of Abu Qatada......

Words: 792 - Pages: 4

Human Rights Act

...The Human Rights Act of 1998 has come under fire from many who believe the U.K would be better off without the Act; it is at times much too stringent in regards to the courts, and there is the feeling amongst critics that it is yet another entity which takes away from the concept of sovereignty that the U.K enjoys. This then makes it the topic of considerable debate and controversy; the extent to how controversial the HRA really is however is up for debate. One of the main facets of the HRA which fuels controversy is the fact that the Act is enforced by an external court in the form of the ECHR. This has proved to be controversial as due to this the judiciary or government not having full control of enforcement of the Human Rights Act and subsequent interpretations of cases coming under the Act, which has in turn produced some fairly controversial cases, perhaps most notable of which includes the case of Learco Chindamo. Chindarmo was a schoolboy who at 15, murdered headmaster Phillip Lawrence outside the gates of his school in the U.K; problems ensued when it arose that under the HRA, Learco could not be deported to his home country of Italy, firstly as he had resided in Britain for over 19 years (the deportation attempt occurred in 2007) and that if all else failed, he could appeal to his human rights, under the Article 8 ‘right to family life’. This was obviously a case of great debate as it featured a supranational body in the ECHR coming into direct conflict with the......

Words: 1160 - Pages: 5