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Without a doubt police and other legal professionals owe a duty to isolated individuals and a restrictive group of individuals but they do not owe a private legal duty to the public as a whole. As such, the police are granted immunity from civil prosecution under the tort of negligence when they are acting in execution of their duty…
There are four inherent elements to this negligence. These elements include the notion that there is a duty to exhibit a reasonable amount of care when dealing with another individual, the breach of that duty, the notion that the breach of that duty caused physical harm to another individual and finally, the breach did in fact cause harm from a legal standpoint. In order to examine the police immunity with regards to breach of duty within the realm of the tort of negligence, it is prudent that we examine the background of breach of duty and the charge of negligence resulting from it.1
The tort of negligence like all other legal causes in common law arose out of a necessity based on reason wherein many different actions were brought based on the fault of individuals with regards to inflicting harm on others as a direct result of carelessness. It dates back to the case of Heaven v Pender (1885). This was the first case wherein negligence was alleged wherein Pender who was a dock owner charged with the responsibility of putting up a staging outside of a ship owned by another party. He placed the staging up. An employee, who was subcontracted to paint the ship, mounted the staging and was hurt when one of the ropes supplied by the defendant broke and caused the plaintiff to sustain injuries. The plaintiff then brought a suit against Mr. ...
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