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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.
I believe corporate liability would allow a case to be filed to require the money stolen to be repaid in a judgment against the corporation. A corporation has no actual body making jail time impossible, but makes it possible for The Sommet Group to be held accountable and pay a select dollar amount that satisfies the fraud committed by the employee and by association the corporation.
Axiak v Ingram (2012) 82 NSWLR 36 (Axiak) was extremely pertinent, standing as the “only decision of this court dealing with the construction of the blameless accident provisions of the MACA”. Critically, the case established that ‘non-tortious negligence’ is excluded from the MACA’s definition of “fault” in s3. Such provisions artificially place fault upon the driver in order to secure CTP claims for victims.
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
Negligence, as defined in Pearson’s Business Law in Canada, is an unintentional careless act or omission that causes injury to another. Negligence consists of four parts, of which the plaintiff has to prove to be able to have a successful lawsuit and potentially obtain compensation. First there is a duty of care: Who is one responsible for? Secondly there is breach of standard of care: What did the defendant do that was careless? Thirdly there is causation: Did the alleged careless act actually cause the harm? Fourthly there is damage: Did the plaintiff suffer a compensable type of harm as a result of the alleged negligent act? Therefore, the cause of action for Helen Happy’s lawsuit will be negligence, and she will be suing the warden of the Peace River Correctional Centre, attributable to vicarious liability. As well as, there will be a partial defense (shared blame) between the warden and the two employees, Ike Inkster and Melvin Melrose; whom where driving the standard Correction’s van.
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.
Cross, Frank B., and Roger LeRoy Miller. "Ch. 13: Strict Liability and Product Liability." The legal environment of business: text and cases, 8th edition. Mason, Ohio: Cengage Learning Custom Solutions, 2012. 294-297. Print.
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.
The Term Recklessness and How It is Currently Applied to Offences in the English Law System
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
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.
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
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