Liability

This essay will look at landmark cases in the development of strict and absolute liability, and its relationship with regulatory offences for the purposes of demonstrating how the balances of mens rea and actus reus, and charter rights with individual statues. In doing so, the essay will show how these balances and their changes represent shifts in understandings and definings of morality and criminality. The essay will first look at the famous historical case of Sault Ste. Marie, Levis v.…

The practice of education is increasingly being affected by the law, or more specifically, the lawsuits. The most likely reason a teacher or school will face legal action is due to alleged negligence; typically resultant of a student having been injured while under the school/ instructor’s protection. Although injuries can take place in a number of situations, injuries resulting from school laboratory or technical activities are especially prominent due to the nature of those classes and the…

The product liability is mostly caused by an act of negligence, and strict liability. Negligence is a term means carelessness. Moreover, negligence involves a situation where there is harm caused unintentionally and accidentally. An individual is suffering because of someone else carelessness. On the other hand, strict liability refers to a situation that is damaged or harm took place and an individual or an organization is held accountable for that situation without having to prove carelessness…

a way in which activists took to the courts to enact social change. He argues that the expansion of tort law and liability litigation through the cases of Monroe v Pape and Monell v Department of Social Services helped create more onus on bureaucracies to protect and respect rights granted by the Supreme Court and he evaluates how these bureaucracies responded to the threat of liability litigation in the form of legalized accountability. In…

will not succeed in a claim of vicarious liability against Hitch, when Piper drove the vehicle involved in the accident that injured Alexis. The Alabama Supreme Court has noted that, “under the doctrine of respondeat superior a principal is vicariously liable for the torts of its agent if the tortious acts are committed within the line and scope of the agent's employment.” Martin v. Goodies Distrib., 695 So. 2d 1175, 1177 (Ala 1997). Vicarious liability has two requirements: 1) whether an…

increasingly growing in every Direction, Example includes Medicine, Transportation, Education, Defense, etc. In First Article “Self-Driving Technology and Autonomous Vehicles: A whole new world for production liability Discussion” Author Roy Alan Cohen Analyzes the how Production liability will work, and how the People’s claim will increase the issues regarding it. Transportation as we know it would be impossible without the quantum leaps in technology that have taken place over the past…

Corporate Criminal Liability: A Need of the Hour Aanchal Lamba Aditi Khanna Abstract The purpose of this article is to throw light on the current need for a legislation to deter the crimes committed by corporate firms. The paper describes the concept of corporate criminal liability, its diverse interpretation adopted over the years and the current scenario of corporate crimes in India. It discusses the need to intensify the current punishment given to corporations and proposes alternative…

Question 1 This essay will attempt to discuss the criminal liability of Tom, Liam and Steve. It will discuss the actus reas and mens rea of each offense and discuss the possible defence for each crime. This essay will outline each crime in order of seriousness and discuss the actus reas and mens rea to determine the potential liability for such a crime. The first crime this essay will look at is the liability of Liam when attempting to resist arrest and scratching PC Coopers face in an attempt…

relevant industry and political environments, cannot be effectively accomplished without providing employee internet and email access. While these accesses are imperative for businesses to remain competitive, employee internet and email access pose liability risks, therefore employers have valid concerns regarding legal, ethical, and human resource issue repercussions that the company might face concerning employee internet abuse. For these reasons, we propose taking preventative measures by…

However, in certain circumstances this corporate privilege is used as a mean of exploiting loopholes in the legal system, leaving the courts with the option of uncovering the corporate veil and imposing liability upon individuals within the corporation. Today, the courts will rather enforce the principle of separate legal entity to a company as in the case of Salomon v Salomon Co Ltd, than apply the doctrine of piercing the corporate veil. However, the courts…