Course Work 1 ( Legal Framework of Protective Security) Essay

Course Work 1 ( Legal Framework of Protective Security) - Essay Example â€Å"The tort of negligence has developed this century largely as a result of the judgement in the case of Donoghue v Stevenson† (â€Å"Negligence: The Law of Tort, 2010, pgh. 1). In that particular case, a woman was having an ice-cream float. She happened to see something in her ginger which appeared to be decomposed snail. Since she complained to the courts regarding the company, Stevenson, having a duty of care towards herself as the buyer of the drink, she mainly blamed the company for its negligence. This was due to the fact that she had to not only seek out a medical professional, but in addition suffered much psychological stress as a result of the event. In this manner, this was an excellent case to be used as a precedent in UK law. It defined a clear ruling that basically states that everyone who is presumed to be one’s ‘neighbour’ is therefore responsible for being protected by the person who is in his duty of care. Duty of care, therefore, will be defined here. Duty of care is the obligation to exercise a level of care towards an individual, as is reasonable in all the circumstances, to avoid injury to that individual or his property.The duty of care is therefore based on the relationship of the different parties†¦.† (â€Å"What is the Duty of Care?†, 2010, pghs. 1-2). ... The second party in Cheryl’s security detail, John, is probably responsible for the blogger’s broken rib, since he kicked the man in the chest. Since Martin only held the man down, technically he is not responsible for any of the damage caused to the hip-hop blogger. Both Carl and John could both be charged with Actual Bodily Harm, even though Carl was the main aggressor. What is important is that John also is seen as responsible for his actions, as well. Even though he didn’t commit the extent of bodily harm to the blogger that Carl did, he is nonetheless still responsible for his actions and should be held responsible for those actions in a court of law. Carl will probably be tried on both civil and criminal charges, which will be discussed more in the next section. As it stands for now, however, Carl must be ready to defend himself in court, and as such, certain types of defences will be discussed in a different section. Several factors must be taken into acco unt in that section, especially the idea that Ms. Rice was fearing for her life at various points. However, the fact that Carl and his team brutally attacked the blogger with little forethought except having heard the man yell out the singer’s name precipitated an event which is sure that the blogger had no idea was going to happen. The metallic object in his hand happened to be a walkman so he could record the interview that he wanted to have with Cheryl. The blogger himself could definitely be charged with trespassing due to the fact that he had gotten into the venue without proper access to have an interview. II. Advisement to Carl on His Position in Civil and Criminal Law (650 words) Good advice for Carl is to not speak, except to