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Case of vicarious liability
Negligence case studies in particular vicarious liability
Negligence case studies in particular vicarious liability
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A regulatory or public welfare offences ensure that the protection of the public from the risk of the regulatory interests of the modern state (Roach, 213). A regulatory offence occurs when an individual or a corporation has performed a certain action without taking the proper precautions, this includes obtaining a license (Roach, 213). The Crown will convict a regulatory offence because it goes against the established norms of the state that creates the danger of harm (Roach, 213). Several types of regulatory offences exist they can be subdivided into three forms of law breaking categories: absolute liability, strict liability and true crimes. In order to gain a firm understanding of how strict liability strikes a balance between regulatory offences and the criminal law principle of moral blameworthiness, an in depth understanding how strict liability differs from the other regulatory offences needs to be established. Strict and absolute liability involves the Crown proving that a regulatory offence had occurred beyond a reasonable doubt without determining the fault element. True crimes on the other hand ensures that mens rea be established in order to convict the accused. The primary goal of strict liability is to establish that the individual’s actions were negligent and that they did not practice due diligence. Due diligence refers to a person’s ability to take “an active and reasonable attempt to prevent the commission of the prohibited act (Roach, 221).” It is through these differences that strict liability allows for the accused to prove that they exercised reasonable judgment and attempted to reduce negligence. Strict liability manages to strike a good balance between policy rationale for regulatory offences and the crim... ... middle of paper ... ...her” company free of any blame. Individuals who hire employees are more susceptible to blame through the common law principle of vicarious liability; “vicarious liability occurs when the acts and fault of another person are attributed to the accused for the purpose of determining liability” (Roach, 229). Although the employee may be at fault for the crime, if the crime was conducted while under the employers supervision, then both the employee and the employer are liable for whatever harm has been caused. This difference in the way business is conducted makes independent company owners, more vulnerable to strict liability for the negligent behaviour conducted by an employee than a corporation who has subcontracted work to smaller companies. By conducting business in this way corporations enjoy the protections offered by strict liability more easily than individuals.
...as charged for selling to an police officer while on duty. The clerk had no idea that the police officer was still on duty because the officer had taken off his arm-band. The author stated, the offense of strict liability is not intentionally. Which is true how can someone be held accountable for other people actions if they had no idea what is going on. People are not mind readers and people should be held accountable for their own actions.
Mitchell, Barry, ‘Multiple Wrongdoing and Offence Structure: A Plea for Consistency and Fair Labelling’ (2001) 64(3) Modern Law Review 393, 395.
Citizens seem to endure dangers on account of the penalties that come from the laws, and
However, the second premise focuses on aspects of the problem of strict criminal liability and the degree of the punishment that is executed by a legal act of an official. Feinberg’s view of strict liability in terms of criminal offenses in which there is no fault such as hefty fines (or civil penalties) for not obeying traffic laws is that the legal system should hold the same strict liability for imprisonment as well (Feinberg 417). As for the degree of punishment he argues that hard treatment and symbolic condemnation are truly necessary to complete a sufficient definition of
Strict liability arises in the animal context when the animal at issue is either a wild animal or a domestic animal with a known vicious propensity. This principle is the origin of the well-known “one bite” rule for dogs. Strict liability, sometimes called absolute liability, is the legal responsibility for damages, or injury, even if the person found strictly liable was not at fault or negligent. Under a rule of strict liability, proof of causation is a necessary condition for liability. The early common law distinguished between wild and domesticated animals for purposes of imposing liability on their owners. Owners of fierce or wild animals were absolutely liable for harm caused to others. However, owners of domesticated animals, such as dogs, were liable only if they had scienter; that is, the owners were liable only if they knew of the animal’s dangerous or mischievous propensities. Tort law has traditionally sought to balance the “usefulness” of an animal with the risk it represents to the public. Common law torts is a legal structure that seek to allocate risk among the members of society; the more valuable a particular activity to society, the more willing is the society, through its legal rules, to shift risk of the activity to others.
Sherlock Holmes by Sir Arthur Conan Doyle has become vast enterprise of four original novels, fifty-six short stories, over two hundred films, about ten television shows, and numerous appearances in other televisions shows such as Alvin and the Chipmunks and Star Trek: The Next Generation (exhibition). The character is iconic and known all over the world. However, it seems that the formula in which the stories are written may have been borrowed from or inspired by some of Edgar Allan Poe's short stories. The similarities are striking. Both authors feature stories about solving ciphers and "cracking the code." Poe created the character C. Auguste Dupin who is the first known detective in fiction. Dupin also set the trend of the "armchair detective" who can solve crimes or mysteries without inspecting the detail in person. Holmes is plainly based on this style as well. Another significant feature is the use of first person perspective that is not that of the detective but of the companion (Thomas).
Whether it is the Clash of the Titans or the Amazing Spider-Man, We can see in both of these wonderful movies have many similarities and differences. Despite the fact that the clash of the titans was made in 1981, and the amazing Spiderman in 2012, both have one thing in common, the protagonists Perseus and peter parker, respectively, they both fight for love. Also we can see differences in the special effects, which are dramatically different and more improved in the amazing Spiderman. Since Perseus is a mythology god, and peter parker a normal human-being, the setting in both films tend to be way different. Because of the protagonists, drama, romance, the setting, and the special effects, the amazing spider man is a superior film than the clash of the titans.
There are situations where a person will be liable for failing to act. In many cases the is ni duty to ac but a person will be criminally liabke for an ommisiion because there is a legal duty to act. Examples of when a legal duty to act should take place is neglection of a child and the duty owed by the public officer. “Gibbins & Proctor, Rv (1918) CCA”, a man and his common law wife starved a 7 year old to death. As a parent your duty is to take care of your children regardless whether they are your biological children or not. The defendants will failed to look after the child and therefore liable for murder, even though the child wasn’t hers she was receiving money from the husband for food. This case a clear example as to how a failure in criminal law may amount to an unlawful act.
The Term Recklessness and How It is Currently Applied to Offences in the English Law System
The establishment of the Subjective definition of recklessness was through the case of Cunningham. In R v Cunningham D broke a gas metre to steal money contained within the metre, leading to a gas leak which caused D’s mother in law to become seriously ill. The subjective definition was developed here as D had been reckless as he had realised there was a risk of gas escaping and endangering someone, and went ahead with his action anyway. Therefore, demonstrating the subjective definition that a defendant to be guilty under Cunningham recklessness they must ...
The crucial importance of law changing behaviour, which was always debatable, has now become more controversial. The substantial influence of legislation has sparked the controversy over the potential impact of this trend on modifying the human behaviour. While it can be agreed that law might have the ability to alter individuals’ conduct, there are some parts it cannot touch. This essay will elaborate how by following the rules continuously it may become a habit and it may have the impact on behaviour and why people sometimes act against the laws thus will lead to a reasoned conclusion.
Strict liability is a legal doctrine that makes a company or person responsible for his cause of actions regardless of any fault or negligence on their part. There are times when a person becomes responsible for things that may go awry even if the person does not have the intention for the matter to go wrong. In other words, strict liability indicates that the defendant is held fully responsible for his/her cause of actions that result in catastrophic damages and harm to the other party regardless of whether the damages or harm was intended or not by the defendant. Strict liability can be divided into several major groups including animals (either owned or possessed), abnormal dangerous acts and product liability. If the owner of the animal is a phython and it somehow creeps out and bit the owner’s neighbour even though the owner did not know that the phython is out on the loose, the owner is liable to the neighbour’s injury and therefore must be responsible for the damages done to the neighbour. An abnormal dangerous activity is an operation that cannot be carried out safely even though care and reasonable management is being monitored throughout the operation and for which the operator may face strict liability for any impairment caused. Primary example of this is the usage of hazardous chemicals and fuel, the making of explosives and other such things that may have the potential to
To start with, the perpetrator is feasible for a conviction based on the second basic form of the unintentional behavior of the men's rea. Notably, according to Varn & Chandola (2010), a major form relating to the unintentional behavior of mens rea that is relevant to the contextual scenario is the mistake of law. Varn & Chandola (2010) enlightens that, mens rea revolves around two major aspects intentional and unintentional behavior. According to Varn & Chandola (2010) intentional behavior is termed as a criminal while as, on the other hand, the unintentional harmful behavior will take two forms- mistake of law and mistake in fact. Narrowing down to the mistake of fact, Varn & Chandola(2010) puts across that, this form
A sharing economy is taking every single good produced and getting every last bit of service out of it to ensure nothing goes to waste. Companies such as AirBnB, thredUP, Peerby, and RelayRides, use elements of a sharing economy to encourage consumers to be more resourceful with what they buy to protect our planet. These companies are hoping that many consumers will see that sacrificing a little bit of cash and convenience to save some resources and in extension the planet. Unfortunately in the present cultural of life and luxury I believe the vast majority of consumers are not ready to make such sacrifices. While good at heart, these companies are not nearly as prepared for the average consumers needs in the current economy and culture.
A number of business operations and behaviors can create liability exposure for diverse organizational structures. There is limited partnership