Strict Liability “The law presumes that mens rea is always required in criminal offences‚ unless it is clear that Parliament intended an offence to be one of strict liability”. Discuss. (25marks) The general principle of criminal law is that the prosecution must establish the presence of both actus reus and mens rea. As the majority of criminal offences are created by statute‚ Parliament will usually indicate the kind of mens rea required
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Supplies’ CEO has asked you to advise him on the facts of the case‚ and your opinion of their potential liability. He wants to settle the case. Write a memo to him which states your view of whether the company is exposed to liability on all issues you feel are in play. Include in your memo any laws which apply and any precedential cases either for or against Teddy’s case which impact liability. Include in the memo your suggested "offer of settlement" to Virginia. Back up your offer using your analysis
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Tort Law Generally Standard of Care * (SoC) -Harm is required for a tort & is about vindicating individual rights & redressing private harms Motion to Dismiss/Demurrer: Filed by ∆‚ says to the judge that even if all the facts are taken as true‚ there’s no case Motion for Sum Judg: Usually motion by ∆‚ submit mostly after new facts arise from disco; filed w/ notion that facts are undisputed & that legal rules applied to facts would find for moving party (judge only) Object to Evidence & Offer
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Criminal Liability Essay Criminal liabilities are conditions of being actually or potentially subject to a legal obligation. Liability means legal responsibility for one’s acts or omission‚ also when acts which harms society‚ and which are prosecuted by the government. Sometimes certain negligence can lead to criminal liability. Liability needs to be distinguished from the following concepts: * culpability (purposely‚ knowingly‚ recklessly‚ negligently) - infers intent * capacity
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commercial banks are in the business of receiving deposits (liabilities) and to issue debt securities on one hand and create or invest in assets on the other hand during these transactions banks incur costs for their liabilities and earn income from their assets. Asset – liability management is therefore very critical for the sound management of the finances of any organisation that invests to meet its future cash flow needs and capital requirements. An efficient asset-liability management requires maximising
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Nursing Liability The American Nurse Association provides guidelines and policies for standards of care and scope of practice; they are listed in the Nurse Practice act. While hospital policies may vary from facility to facility it is the Nurse Practice Act that guides and dictates the standards by which nurse perform their duties and are held liable. Nurse have the legal duty of adhering to the standards of care whenever they are taking care of patients‚ when they fail to perform to these standard
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The European Accounting Review 2000‚ 9:3‚ 371 385 Auditor liability rules under imperfect information and costly litigation: the welfare-increasing eŒ of liability ect insurance Ralf Ewert‚ Eberhard Feess and Martin Nell University of Frankfurt‚ Frankfurt am Main ABSTRACT This paper examines auditor liability rules under imperfect information‚ costly litigation and risk-averse auditors. A negligence rule fails in such a setting‚ because in equilibrium auditors will deviate with positive probability
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MALICE IN THE LAW OF TORTS I MR. JUBTICE MCCARDIoEn ce complained about the word “ malice ” that it had been the subject of “ a regrettable exuberance of definition.”’ There can be little doubt that this complaint was justified. Despite the well-known division and discussion by Bayley J. of “ malice in fact ” and “ malice in law‚” ’ which can be taken as the starting point of modern analysis of malice‚ other judges have not hesitated to enlarge upon the possible meanings of malice‚ until
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nop Synopsis of Tort Cases Myrtis Davis‚ Gloria Pettis‚ Yolanda Williams‚ Kareemot Olorunoje Business 415 10/18/2011 Karl Triebel Synopsis of Tort Cases As stated by the text a tort is a wrong that either intentional or unintentional (Cheeseman‚ 2010). The following are four scenarios each compiled of circumstances that exhibit various torts. Team B will identify the torts of each scenario while addressing the reasoning behind our selections and the parties that could potentially file
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Professional and Design Liability BE0892 Practice Specialisation Professional Liability Liability for injury‚ including bodily or personal injury or death‚ and property damage arising out of the negligent act or omission of a professional‚ ie‚ pharmacist‚ physician‚ attorney‚ architect‚ engineer‚ in performance of their professional activities. How can liability arise? Contract Tort Statute and regulations e.g. Supply of Goods and Services Act‚ Building Regs. Express terms Implied terms
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