A business should have civil liability for the criminal acts of its employees when the criminal acts are done in connection with the employee performing work for the company. This includes acts that were both known and unknown by the employer. Vicarious liability and respondeat superior are two large factors in businesses being liable for their employees, and it is vital to understand what does and doesn’t fall under these doctrines. Businesses have a duty of care to hire, train, supervise, and retain
as an offence, going against the values of society and is an act which is punishable by law with either a fine, imprisonment or whatever punishment fits the nature of the crime. In this report there will be a discussion on the two element on criminal liability which are as followed Mens Rea (guilty mind) and Actus Reus (guilty act). Different components constitute these elements and are used to make up a crime. However there have been cases were the use of mens rea has very minimal effect and actus
(LL.M) in the Faculty of Law of NORTHCAP University, is on ‘The Concept of Corporate Criminal Liability’ which is one of the most significant topics in the discipline of modern Criminal Law. The two principal themes of this research are (i) the abstract entities which in the business world are known as Companies or Corporations, and (ii) the menace of a new kind of criminality which is known in the realm of criminal jurisprudence as corporate crimes. In a study of this kind it is necessary to note
SCENARIO ANALYSIS: A close study at the facts given raises issues of criminal liability. It furthermore suggests that there are issues on causation, omission, gross negligent manslaughter and a list of possible liabilities in criminal law. However, this can only be answered by looking at relevant case law, statute and a list of other academic commentaries. DRIVE: Drive by colliding with Walk a pedestrian has committed an offence by occasioning bodily harm. By creating a dangerous situation, Drive
approximately $100 worth of food from the store. The defendant 's criminal liability as it applies to the crimes of Burglary, Trespass and Larceny. The defendant was guilty of Trespassing and Burglary. When he entered the store and when he was in the store. He trespassed into a convenience store which, was someone else 's private property. He was guilty on the charge of Burglary because "He broke into a convenience store". Burglary is a criminal offense of breaking and entering of a building illegally.
than common law in the development of civil and criminal liability.” Although this may be true, it is important to explore the evidence to substantiate this point, such as, legislation and precedents which have been set and used in criminal and civil cases. In contrast, through exploring the civil and criminal cases throughout this essay, it can be seen that common law is equally, if not more compelling in the development of civil and criminal liability, and therefore leads to changes in the law.
developing to meet the needs of an ever changing society which needs an unbiased court of Law. Statutes and common law has its own advantages and disadvantages in the development of civil and criminal liability. In this essay I will explore murder, rape and rape in criminal liability and contract and tort in civil liability. Contractual agreements can be analysed by the use of offer and acceptance. A binding contract is created when one party makes an offer and the other party accepts it. An offer is made
Criminal Liability “In a just society criminal liability should never be imposed without some degree of blameworthiness” Offences of strict liability are those, which do not require any mens rea with regards to at least one or more of the actus rea. The mens rea usually requires intention and or recklessness. However some crimes are possible to commit without any knowledge,
'Liability in criminal law normally requires the prosecution to establish that the accused has caused the relevant prohibited consequences or conduct to occur. For instance, in homicide, that the accused has caused the victims death.' Within the English Legal System, the chain of causation is established via numerous principles, which have been recognised by case law, as the problem areas have come before courts. It is clear that when ascertaining whether the defendant
studying criminal behavior and strict liability, exploring the possible causations that may contribute to criminal behavior is important. Examining family backgrounds, genetic make ups and parenting are some factors that influence criminal behavior. Understand the possible risk factors of criminal behavior helps us to better understand why people commit crimes. This paper will attempt to critically analyze two articles on the concept of criminal behavior and law as it pertains to strict liability. Criminal