Tort Law Essay
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Bill March 28, 2000
Laws are made to maintain order by setting restrictions on conduct and to protect the rights of parties. There are three types of laws, which are: tort law, criminal law and contract law. Tort law is a civil wrong, criminal law is a public wrong and contract law is a wrong against a contract, written or oral.
Tort law is the primary source for the authority of private security officers and the limitations on such authority. Tort law varies from state to state. The law of torts is found in both legislation and court developed by common law. Common law is a set of statutes, which have to be followed and rely on prior court decisions to help us decide on issues where there is no prior statue or how to interpret what a statue says. Tort law doesn’t apply specific authority for private security officers (PSO), but does define some limits on the conduct of PSO. This allows for injured parties to bring lawsuit for damages and injuries caused by the misconduct of PSO and/or any businesses and organizations associated with the situation in question. It restrains authority by threat of subsequent lawsuits. There are three types of torts that are: intentional, negligence and strict liability. Intentional is when PSO intends to do something to make you injured. Three examples are false imprisonment, assault and battery. Negligence is the PSO didn’t act as a reasonable PSO would. There are four conditions or elements for a negligence lawsuit to succeed: 1) that an established link or duty to the plaintiff exists; 2) that the defendant breached this established duty; 3) that the breach of duty by the defendant was the proximate cause of damage or injury; and 4) that the breach of duty by the defendant resulted in the occurrence of actual damage or injury to the plaintiff. Strict liability is dangerous activities and product liability, for example the PSO product is their conduct and if it is not suitable it may be liable to be sued. Tort law differs from criminal law in that private parties do the suing and the suing party seeks compensation not punishment for the damages incurred. In court the burden of proof is much less than criminal.
In criminal law, an action is defined as a “social harm” for which the offender is answerable to society (not an individual, as in tort law) and is punishable by law. Criminal law operates as a deterrent to the extent that the law is known, the consequences of being convicted are sufficient and the criminal justice system operates effectively in imposing sanctions. Two concepts that are important of a PSO are to acquire working knowledge of criminal law. First is the legal maxim that everyone is presumed to know the laws of the state and nation. The second legal concept is that a law must be clear and understandable so that an ordinary person will know what conduct is prohibited. The burden of proof in court is beyond a reasonable doubt. Which means that if one-juror thinks that the person is innocent or guilty and the rest think otherwise, there is a mistrial and the person gets retried. If the person was to be convicted of a crime beyond a reasonable...
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