Liability

What is a criminal liability? Criminal liability according to the book is consider a” degree of blameworthiness” to the suspect or defendant and punished by the law. In this week we are going to apply this to what’s call statutory rape. Since my name start with the letter M I will have to do my discussion against strict liability. We need to look outside of the box and see that not all law apply to all parts of the cautery and there are cultures that are very different that the once in America.…

Criminal liability can be defined as the responsibility for any illegal behaviour that causes harm or damage to someone or something. According to the South African Criminal law, in order to a person to held criminally liable, the state needs to prove beyond reasonable doubt that there is conduct, causation, unlawfulness, criminal capacity and fault. This essay will specifically focus on conduct, which is a voluntary human act or omission that is unlawful, referring it to the given scenario…

ultimately come to act upon if they are to be released back into society at some point. These children have obviously experienced something in their formative years that have made them into the merciless killers that they appear to be; and thus, criminal liability will in no way ensure that they are able to overcome this trauma in a positive manner in order to work towards ridding themselves of their pariah status when they are eventually reintegrated into society. Society…

evidence the trial court has submitted and see if what they have determined can be upheld. The Court of Appeals cannot look at new evidence, they can only look at what the trial court submits, which is acting like a second jury. D. True. Accomplice liability entails that a person is criminally liable for a crime committed by another if the person “intentionally aids, advises, hires, counsels, or…

To ensure that DESIGNTECTURE, DSPC is fully protected from liability claims, partners Paige Nalitt (RA), Eric Blandina (RA), Brian Stamler (PE), and Jaime Cardinale (PLA) will be acquiring a $500,000 General Liability policy and a $1,000,000 Professional Liability policy. DESIGNTECTURE is aware that each policy covers different aspects and would like to minimize their risks by purchasing both policies. The General Liability policy will protect the firm from damages that occur from injury…

Many insurance companies now offer what is known as employment practices liability insurance (EPLI). Whether an employer elects to purchase such insurance coverage is a decision which should be made with care and only after a complete review of various options open to the employer. Your insurance agent or human resource consultant may urge your business to purchase employment practice liability insurance (EPLI) in the hope or belief that this insurance will protect your business against the…

Offences of strict liability is an act of crime which does not require intention, recklessness or even negligence to one or more elements in the actus reus. In Malaysia, strict liability can be defined as a legal responsibility for damages or injury even if the person is found strictly liable without his fault or negligence. Under Common Law, there are an aversion to impose strict liability most likely because of the absence of mens rea in these offences. A person is not considered guilty of a…

The test for vicarious liability for sexual assaults and harassment is set out by MacLachlin J in Bazley v Curry and affirmed in Jacobi v Griffiths. To find vicarious liability, the Court must determine whether there is "a strong connection between what the employer was asking the perpetrator employee to do (the risk created by the employer's enterprise) and the wrongful act. It must be possible to say that the employer significantly increased the risk of the harm by putting the perpetrator…

Act-based liability. According to this rule criminal is responsible for the expected harm regardless it actually occurs or not. Thus, if a party commits an act that will cause harm of $1,000 with probability 10 percent, he will be liable for $100 for having committed the act. 18 Discussed liability rules suggest that it is important to know the amount of harm that is imposed by wrongful act and sanctions need sometimes to be made severe or sometimes less severe in order to reach the situation…

In the context of employment English tort law imposes vicarious liability upon employers for the misconduct and failings of employees where the misconduct is within sufficient proximity or is in connection with the employee’s duties. In recent years the law of vicarious liability has been on the move. Consequently, employers can now be held liable for the criminal misconduct of their employee’s provided that the criminal act is linked to the employment duties of the personnel involved. The…