Tuesday, 6 September 2016

Public Rights

A public right is owned by every member of the public. When one of the persons associated with the right is the state and the other is a private person, the right is called is a public right A private right is connected only with individuals . 

 Both the parties associated with the right are private persons. Private right are of infinite variety and are enjoyed by individuals who happens to own certain property, who run a certain office, who enter into a contract. Public and private right differ in the same way as public and private rights are differ. 

According to Blackstone “ Wrongs are divisible into two shorts or species , private wrongs and private wrongs. The former are an infringement or privation of the private or civil rights belonging to individuals and are thereupon frequently termed civil injuries , thee latter are a breach and violation of public rights and duties which affect the whole community considered as a community and are distinguished by the harsher appellation of crimes misdemeanours .” 

However Salmond indicated that all public wrongs are not crimes. The breach of a public trust is a public wrong but the method of redress is a civil one . Moreover, all crimes are not public wrongs. Many minor offences can be punished at the instance of private person.

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