Law of tort. Prisons may, as an inevitable consequence

Added on - 16 Sep 2019

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Law of tortPrisons may, as an inevitable consequence of thecharacter of persons detained, be dangerous places.Prisoners are entitled to expect that authorities would takereasonable care to protect them from attack by fellowprisoners. What is reasonable, will as always, depend onthe circumstances. As the cases recognise, prisonauthorities may have to thread a delicate line between theachievement of the objective of protecting the safety ofprisoners and the risks of adopting unduly repressive andinhumane measures. They must balance the protectivefunction and possible demand for instructive searchesagainst the need to permit prisoners an appropriatedegree of freedom of movement and human dignity.”- Fennelly J., inCreighton v. Irelandand Attorney General[2010] I.E.S.C. 50at para. 4Discuss in light of the approach of the Irish Courts to thequestion of the standard of care required by the State indischarging the duty of care owed to prisoners in Irishprisons.Please note:This assignment is worth 50% of the overall mark for theLaw of Torts module.Due time/date - 23.59 (11.59pm) on Thursday 5thJanuary2017.The assignment length is 2,500 words, excluding footnotesand bibliography, and 10% above or below this count willnot alter your mark.The assignment should be typed, in Time New Romanfont, size 12. There should be 1.5 line spaces betweeneach line, and the margins of all text should be justified.It is essential that your assignment draws on both caselaw and academic commentary and all such sourcesshould be referenced using the OSCOLA referencingsystem. A guide to the system is posted on MOODLE.Excessive direct quotations from other sources, even ifreferenced, without using your own words to show whatyou have learned may cause you to lose marks. Thus
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